The unitary combined reporting method for state corporate income taxation has been adopted by an increasing number of states. While combined reporting requirements vary significantly from state to state, nearly all combined reporting regimes require or allow a water’s-edge method that limits the members of a group return to entities that are incorporated in the
In the News
POAs & the FTB: Tips & best practices for submitting a Power of Attorney
By Eric Coffill on
Posted in California, In the News
In this article originally published by CalCPA in the January/February issue of California CPA, Eversheds Sutherland Senior Counsel Eric Coffill provides helpful tips for having a Power of Attorney (POA) submission to California’s Franchise Tax Board accepted the first time and for anticipating problems in using the POA.
Read the full article here.
A failed experiment: New York’s False Claims Act tax meltdown
By Jeffrey Friedman & Cyavash Ahmadi on
Posted in In the News, New York
In this installment of A Pinch of SALT for Tax Notes State, Eversheds Sutherland attorneys Jeff Friedman and Cyavash Ahmadi examine Egon Zehnder, a case they argue demonstrates why New York’s False Claims Act should never have been expanded to tax cases. The case reflects fundamental problems that go to the heart of…
Extending by implication – states redefine indirect tax base
By Elizabeth Cha & Jeffrey Friedman on
Posted in In the News
State and local authorities recently have used decisions and enforcement to go beyond the language in tax statutes.
In this edition of “A Closer Look” in Bloomberg Tax, Eversheds Sutherland attorneys Jeff Friedman and Liz Cha look at examples of these attempts to expand the tax base and the challenges faced by those who…
Pass/Fail: Evaluating the test for D.C. statutory residency
By Charlie Kearns & Charles Capouet on
The District of Columbia occupies a unique position among subnational jurisdictions in the United States given its status as a nonstate, federal enclave. The District’s status allows it to impose individual income tax on only residents under the district clause of the US Constitution, the Home Rule Act of 1973, and implementing statutes that are…
Keep it close and approximate: New rules for market sourcing
By Eric Tresh & Elizabeth Cha on
Approximately 34 states require market sourcing to source sales of other than tangible personal property. Many states adopted market-sourcing rules in recent years and are only now beginning to finalize regulations regarding their implementation. A number of states have also adopted market-sourcing regulations attempting to provide additional clarity through more detailed rules.
In this installment…
An interview with BOE Executive Director Yvette M. Stowers
By Eric Coffill on
Posted in California, In the News
In his latest installment of Across State Lines for Tax Notes State, Eversheds Sutherland Senior Counsel Eric Coffill interviews the executive director of the California State Board of Equalization, Yvette M. Stowers.
Read the full article here.
Cross-border state legislative tax wars: Is this just the beginning?
By Nikki Dobay on
Posted in In the News
In this installment of SALT Policy Picks for Tax Notes State, Eversheds Sutherland Partner Nikki Dobay analyzes two recently enacted measures that have fascinated her this legislative session – Idaho H.B. 677 and New Hampshire H.B. 1097. Each is intended to prevent taxation of residents by other states where the activity the other state…
Demystifying the settlement of California tax controversies
By Timothy Gustafson & Elizabeth Cha on
Posted in California, In the News
Understanding—let alone navigating—the layers of bureaucracy is no small feat for taxpayers that seek to resolve a California tax controversy, whether through administrative protest and appeals processes or by means of settlement negotiations.
In many states, the counterpart from the department who handles a taxpayer’s protest or appeal also has authority to negotiate a settlement.…
New York’s false positive: Reforming the False Claims Act
By Jeffrey Friedman & Cyavash Ahmadi on
Posted in In the News, New York
New York is considering expanding its False Claims Act to “knowingly or illegally failing to file” a tax return.
Not only should the legislature reject the proposed legislation, New York should roll back its FCA so it does not apply to taxes.
In this installment of “A Pinch of SALT” in Tax Notes State,…