On May 11, a San Francisco trial court held that the California Constitution allows special local taxes proposed by voter initiative to be enacted with a simple majority vote, in contrast to the two-thirds vote required for special taxes proposed by local government. The ballot initiative in question imposed a $298 per parcel tax and
“Pay up or shut up”: California Court of Appeal holds that taxpayer must pay up before challenging a tax regulation’s validity
The California Court of Appeal recently held that a taxpayer must pay a tax assessment before seeking a declaration that the regulation giving rise to the tax assessment is invalid. California taxpayers cannot challenge unpaid tax assessments under Article XIII, section 32 of the California Constitution (“Section 32”). Therefore, a taxpayer seeking to challenge an
California May Be First to Allow Employers to File Group Income Taxes for Foreign Workers
On May 18, 2020, the California Assembly Revenue and Taxation Committee unanimously passed Assembly Bill 2660 (AB 2660) out of committee. AB 2660 would allow employers to file income taxes on behalf of their foreign workers, specifically providing for the optional filing of a group return by the employer for electing foreign workers who receive
California Proposes Regulations for Marketplace Sales
On May 4, the California Department of Tax and Fee administration posted Proposed Regulation 1684.5, as well as an April 16 memorandum requesting permission to begin the rulemaking process. The proposed regulations provide definitions for statutory terms, clarify requirements for marketplace facilitators and marketplace sellers to register with the Department for a seller’s permit, and
California Amends Remote Seller Regulations
The California Department of Tax and Fee Administration announced that the state’s Office of Administrative Law has approved amendments to regulations on the state’s remote seller law. The amendments are retroactive to April 1, 2019, the effective date of the legislation.
Under the amended regulations, a remote seller that did not surpass the $500,000
Inside California’s Office of Tax Appeals
The Office of Tax Appeals (OTA) was established in 2017 as California’s new administrative appeals forum. Born from controversy, the agency was designed to function as an independent and impartial tribunal. Two years in, taxpayers have a better idea about how the OTA will shape California’s corporate tax landscape, but questions still remain. We recently
Podcast: Washington B&O and California LLC Tax Developments
This podcast discusses a recent Washington B&O decision and a recent California OTA decision concerning:
- The WA B&O taxation of services conducted out of state for in state customers
- The application of the CA LLC tax to a business that ceased activity in the state
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California Property Tax Update – A Tale of Three Counties
On April 3, the San Francisco Treasurer issued a statement extending the property tax deadline from April 10 to May 4. The authority for the extension stems from the County Board of Supervisors adopting a resolution to close its tax collector’s office until May 3. Taxpayers unable to pay San Francisco property taxes by May
Listen, Do You Smell a Tax? California Court of Appeal Says Oakland Waste Management Fee May Be Illegal Tax
On March 30, 2020, the California Court of Appeal overruled the city of Oakland’s demurrer regarding the validity of its waste management franchise fees on the grounds the plaintiffs sufficiently alleged that the fees were taxes. The city entered into waste management contracts with two companies. In turn, the companies agreed to pay the franchise
California Governor Issues Executive Order Authorizing Sales & Use Tax Return Filing, Refund Claim, and Appeal Extensions
On March 30, 2020, California Governor Gavin Newsom issued Executive Order N-40-20 (Order) regarding the state’s COVID-19 State of Emergency. The Order grants additional extensions to taxpayers and gives new authority to the California Department of Tax and Fee Administration (CDTFA) to provide relief from interest and penalties to taxpayers impacted by the State of