There has been significant controversy in New York regarding whether receipts from services—particularly those that may be delivered via the Internet—constitute “service” receipts or “other business receipts” for corporate franchise tax apportionment purposes. The distinction between “service” receipts and “other business receipts” is crucial because prior to 2015, New York Tax Law generally required sourcing
income tax
New York Governor’s Budget Proposes Radical Tax Changes
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New York Governor Andrew Cuomo introduced his 2015-2016 budget and accompanying legislation on January 19, 2015 (the 2015 Budget Bill). If enacted, New York’s tax law will be significantly altered for the second time in two years. The sales tax provisions of the legislation will tax most intercompany transactions and will also accelerate the payment…
Slow Down! Car Dealer Incentive Cash in the State of Washington Is Taxable Too
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By Robert P. Merten III and Open Weaver Banks
The Washington Court of Appeals held that a Honda automobile dealership was subject to state business and occupation (B&O) tax on more than $1 million in “dealer cash” payments the dealership received over a four-year span from manufacturer American Honda as part of an incentive program.
New Mexico Allows New Combined Reporting Group to Use NOL Carryforwards from Separate Filers
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By Derek Takehara and Andrew Appleby
The New Mexico Department of Taxation and Revenue granted a combined reporting group’s corporate income tax protest by allowing the group to claim a deduction for net operating losses (NOLs) that two of its members generated and reported previously on a separate entity basis. The taxpayer was the parent…
The Jersey Short: New Jersey’s New Year’s Resolutions
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Undoubtedly, New Jersey Governor Chris Christie, the State Legislature, the Tax Court and the Division of Taxation have their own lists of resolutions for 2015.
However, in their article for State Tax Notes, Sutherland attorneys Leah Robinson and Open Weaver Banks suggest numerous New Year’s resolutions for New Jersey, including publishing an audit manual and…
Dozen It Make Sense? Florida Delivers Sourcing Guidance for Online Service Provider’s Twelve Types of Sales
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By Jessie Eisenmenger and Timothy Gustafson
In a Technical Assistance Advisement, the Florida Department of Revenue determined the proper sourcing methodology for income from twelve different types of sales by an online service provider (OSP) for Florida sales factor purposes. The OSP collects data that it distributes to its customers by a variety of methods,…
Not Another Add Back: New Jersey Tax Court Again Rules Add Back of Certain Taxes Not Required
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By Ted Friedman and Andrew Appleby
The New Jersey Tax Court held that a corporation was not required to add back electric utilities taxes paid to North Carolina and South Carolina to determine the corporation’s entire net income subject to the New Jersey Corporation Business Tax (CBT). The Tax Court concluded that the electric utilities…
New York State on Bitcoins: Transactions Are Barters for Sales Tax Purposes; Follow Federal Guidance for State Income Taxes
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By Charlie Kearns
The New York State Department of Taxation and Finance has issued guidance on the sales tax, corporation franchise tax, and personal income tax implications of transactions involving convertible virtual currency, such as bitcoins. The Department’s guidance can be found here. The Department explained in its guidance that convertible virtual currency will be
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Georgia Tax Tribunal Says What Texas Comptroller Won’t
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By Zachary Atkins & Jonathan Feldman
The Georgia Tax Tribunal held that the Texas Franchise Tax (the “TFT”) is a tax “on or measured by income” and allowed a Georgia resident, who indirectly owned an interest in a pass-through entity, to adjust his federal adjusted gross income for the amount of the entity’s income…
Sometimes, Breaking Up Isn’t Hard To Do: Florida Grants Taxpayer’s Request for Deconsolidation
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By Sahang-Hee Hahn and Prentiss Willson
The Florida Department of Revenue permitted a taxpayer to discontinue filing Florida consolidated corporate income tax returns because the taxpayer established that its affiliated group’s business focus had changed significantly since making its election. In Florida, a parent corporation may elect to file a consolidated corporate income tax return.
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