The Supreme Judicial Court of Massachusetts held that pipes and appurtenant equipment used by a taxpayer to produce, store and distribute steam for heating and power generation were exempt from local personal property tax as manufacturing property. Affirming the Appellate Tax Board, the court applied the “great integral machine” doctrine to find that the pipes
exemption
Wind Farm Battery System Not Eligible for Manufacturing Exemption in Texas
The Texas Comptroller ruled that the purchase of a battery system did not qualify for the manufacturing exemption from Texas sales and use taxes because it was used to store electricity, not manufacture it. The taxpayer operated a wind farm and began a project to participate in the Electric Reliability Council of Texas’ Fast-Responding Regulation…
Georgia Legislature Enacts Significant Income, Sales, and Property Tax Legislation
The Georgia legislative session concluded on March 29, 2018. In addition to two major bills relating to federal tax reform, Georgia enacted several other pieces of notable tax legislation.
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Delaware Sewer and Water Authority Successfully Challenges Permit “Fee” as Disguised Tax
By Mike Kerman and Jonathan Feldman
The Delaware Chancery Court held that a town’s $27,000 building permit “fee” was in substance a tax that could not be levied against a tax-exempt water and sewer authority. The town assessed the fee upon the water and sewer authority before it would issue a permit to construct a…
Georgia Senate Special Tax Exemption Study Committee Holds First Meeting
The Georgia Senate Special Tax Exemption Study Committee held its initial meeting to plan evaluation of Georgia income and sales tax exemptions by December 1, 2017.
- The special study committee was created by a Georgia Senate Resolution during the 2017 Legislative Session.
- The Committee will prioritize exemptions to evaluate, and then recommend whether to continue,
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It’s Not So Electric: Telecommunications Provider’s NYS Electricity Purchases Not Exempt Sales for Resale
By Nicole Boutros and Scott Wright
A New York State Division of Tax Appeals administrative law judge (ALJ) determined that a telecommunications provider’s electricity purchases were not exempt from sales tax as sales for resale. In so doing, the ALJ rejected the taxpayer’s assertion that it resold electricity by incorporating it into its telecommunications services…
Taxpayer’s Data Center-Related Purchases Ruled Mostly Exempt in Utah
By Zack Atkins & Open Weaver Banks
The Utah State Tax Commission ruled that machinery and equipment purchased by the owner of a social networking community qualified for the state’s exemption for purchases and leases of certain property used in the operation of a web search portal. In connection with its proposed construction and operation…
A Chiropractor’s Delight: Taxpayer’s “PoP” Makes Internet Backbone Service Not Taxable in Pennsylvania (Again)
By Stephen Burroughs and Maria Todorova
The Commonwealth Court of Pennsylvania recently reaffirmed its decision that Level 3’s network infrastructure services (including local dial networks, telephone numbers and modems, i.e., Internet “backbone”) sold to retail Internet service providers (ISPs) constitute non-taxable Internet access services. The Commonwealth Court previously held that the taxpayer’s facility was an…
All that High-Quality and Edifying Television Content Sure Takes a Lot of Energy; Thank Goodness Colorado Exempts It from Sales Tax
By Alla Raykin and Tim Gustafson
The Colorado Department of Revenue determined that energy purchased by a television broadcaster is exempt from sales tax when used to transmit broadcasts, but taxable when used for other office purposes. Colorado imposes sales tax on electricity and natural gas for commercial consumption. The Department analyzed possible exemptions applicable…
Generating Steam Heat: Materials and Labor Used to Build Power Plant Exempt From Florida Sales Tax
By Mike Kerman and Jonathan Feldman
The Florida Department of Revenue advised that certain materials and labor a taxpayer plans to use to construct a combined heating and power plant will be exempt from Florida sales and use tax. The plant will produce electricity for sale. Florida exempts purchases of machinery and equipment necessary to …