Following a taxpayer’s appeal of a local Virginia county (County) Business, Professional and Occupational License (BPOL) tax assessment, the Virginia Tax Commissioner held that the taxpayer’s remote employees’ payroll was properly excluded from the numerator of the payroll apportionment calculation. The taxpayer was headquartered out of state and maintained offices worldwide, including an office in
Teleworking and Business Travel
Ohio Court of Appeals upholds taxation of employee working from home
On February 7, 2022, the Ohio Court of Appeals upheld the constitutionality of a statute providing that, during the duration of a stay-at-home order issued by the Governor related to the COVID-19 pandemic, and for thirty days after its end, any day on which an employee works from home because of the order shall be…
Teleworking issues – different takes for different states
While state and local governments have ended or relaxed mandatory work-from-home orders and are trying to bring back the in-person workforce, some employees remain hesitant to return to in-office work for numerous reasons. This trend may result in unanticipated tax obligations for employers and employees because many of the pandemic-related hold-harmless protections from withholding and…
Join members of the SALT team during COST’s virtual 2021 State and Local Tax Webinar for the Tech Industry
Between August 11 and 13, members of the Eversheds Sutherland SALT team will help cover the key state and local tax issues technology companies are facing during COST’s virtual 2021 State and Local Tax Webinar for the Tech Industry.
Eversheds Sutherland SALT attorneys are presenting on several topics, including:
- Transfer Pricing in the Technology
…
Louisiana creates “digital nomad” income tax exemption
Louisiana codified an individual income tax exemption for “digital nomads.” SB 31 (Effective Jan. 1, 2022). “Digital nomads” are defined as individuals who establish residency in Louisiana after December 31, 2021, have health coverage, and work remotely, full-time for a nonresident business. The exemption applies to 50% of the digital nomad’s gross wages, not to…
Legal Alert: SCOTUS denies New Hampshire’s motion challenging Massachusetts’ taxation of nonresident remote workers during Covid-19
On June 24, 2021, the United States Supreme Court held a conference to review New Hampshire’s motion for leave that challenged Massachusetts’ taxation of wages earned by nonresident remote workers during the Covid-19 period. This morning, the Supreme Court denied New Hampshire’s motion. Because the Supreme Court declined to address the issues raised by New…
Application of the Pension Source Law to excess benefit plans
In the latest SALT@Work column for the Journal of Multistate Taxation and Incentives, Eversheds Sutherland Partner Charlie Kearns provides an overview of the Pension Source Law, specifically its treatment of excess benefit plans, as well as recent guidance from New York that applies those provisions.
U.S. Solicitor General Opposes SCOTUS Review in New Hampshire v. Massachusetts
The U.S. Solicitor General has filed its amicus brief in New Hampshire v. Massachusetts (here). The Solicitor General argues that the United States Supreme Court should not exercise its original jurisdiction and it should deny New Hampshire’s facial constitutional challenge of Massachusetts’ taxation of New Hampshire residents.
For background, on October 19, 2020…
TEI Denver state and local tax seminar
On May 18, Eversheds Sutherland SALT attorneys presented at the TEI Denver state and local tax seminar on a variety of state and local tax topics. PowerPoint slides for our presentations can be found below.
Presentations include:
- Nikki Dobay and Ted Friedman – Legislation Can Be Taxing
- Michele Borens and Jeff Friedman – SALT Litigation
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Appeal of Prince: California Taxation of Nonresident Income From Restricted Stock
State taxation of a nonresident employee’s equity award, such as nonqualified stock options (NQSOs) or restricted stock units (RSUs), has long been a thorn in the side of many tax practitioners, payroll departments, and – of course – employees. In Appeal of Prince, California’s Office of Tax Appeals (OTA) recently addressed the state’s taxation…