State legislators have been actively proposing state tax legislation. In this webcast, Partners Jeff Friedman and Michele Borens provide an update on the latest legislative proposals across the country that will impact marketplace facilitators and sellers with Associate Sam Trencs.
Tax Policy
Washington proposes tax on sales of personal information and data
By Chris Lee, Jonathan Feldman & Charles Capouet on
Posted in Digital Economy, Policy and Legislation
On January 19, 2021, House Bill 1303 was filed, which would amend the Business and Occupation Tax to impose a tax of 1.8% on gross income of a business engaged in selling or exchanging personal data within Washington. The bill defines “personal data” to include any information that is linked or reasonably linked to an…
Strike Two-and-a-Half: California Court of Appeal Holds Voter-Initiated Local Special Taxes Not Subject to Constitutional Two-Thirds Supermajority Voting Requirement (Again)
Posted in California, Policy and Legislation
On January 27, 2021, a California Court of Appeal in the state’s First Appellate District affirmed a San Francisco trial court decision which held the California Constitution’s requirement that local taxes be approved by a supermajority vote does not apply to taxes imposed by voter initiative. This is the second decision out of the First…
Antisocial Behavior: Proposed Connecticut Bill Would Tax Social Media Advertising Revenue
By Charlie Kearns & Michael Hilkin on
Posted in Digital Economy, Policy and Legislation
A “proposed bill” introduced in the Connecticut General Assembly (No. 5645) proposes the establishment of a tax on “social media provider companies,” which would be measured by “apportioned annual gross revenue derived from social media advertising services” in Connecticut. The proposed bill calls for the revenue from such tax to be partially dedicated…
Idaho Considers Market-Based Sourcing
By Nikki Dobay & Dennis Jansen on
Posted in Policy and Legislation
On January 21, 2021, the Idaho House Committee on Taxation introduced a market-based sourcing bill, which if enacted would change the state’s approach to sourcing the sales of certain multistate businesses. The state currently sources sales other than sales of tangible property to Idaho if the income-producing activity is performed in the state, or…
Kansas governor proposes sales tax on digital products and marketplace facilitator tax collection
On January 13, 2021, the governor of Kansas released her budget report for fiscal year 2022, which would require marketplace facilitators to begin collecting retail sales and compensating use taxes on sales to Kansas customers on July 1, 2021. The budget also contains a proposal to impose sales tax on all sales of digital property…
New York State Assembly proposes surcharge on delivery transactions
On January 11, 2021, the New York State Assembly introduced A.B. 1612, which would impose a three dollar ($3.00) surcharge on each delivery transaction where the delivery is made within New York City. The surcharge would not apply to deliveries of food or essential medical supplies. Liability for the surcharge would be imposed on…
Oregon Legislature Introduces 9 CAT Bills
By Nikki Dobay & Eversheds Sutherland SALT on
Posted in Policy and Legislation
On January 12, 2021, the Oregon Legislature introduced nine new Corporate Activity Tax (CAT) bills as the 2021 legislative session began. The bills introduced in both the House and Senate ranged in scope from treatment of receipts in specific industries to modifications of provisions of the CAT more generally.
Some of the bills introduced include:…
New York senator introduces digital ad tax bill
Posted in Digital Economy, New York
On January 7, 2021, New York senator Michael Gianaris introduced S.1124, which would impose a new gross revenues tax on digital ads. The tax would be imposed on the annual gross revenues any person derives from digital advertising services apportioned to the state based on digital advertising receipts. “Digital advertising services” is defined to…
Nebraska Introduces IRC 965/GILTI “Fix” Bill
By Nikki Dobay, Breen Schiller & Todd Betor on
Posted in Policy and Legislation
Since December of 2018, taxpayers have been battling with the Nebraska Department of Revenue over its interpretation of the state’s dividend received deduction (DRD) provisions. Although the statute provides a 100% DRD for dividends or dividends deemed to be received and the Department has long taken the position that Subpart F income qualifies for that…