The Bloomberg BNA SALT Blog is a forum for practitioners and Bloomberg BNA editors to share ideas, raise issues, and network with colleagues about state and local tax topics. The ideas presented here are those of individuals and Bloomberg BNA bears no responsibility for the appropriateness or accuracy of the communications between group members.
March 6, 2014
by Rebecca Helmes
The House Judiciary Committee will finally hold a hearing to
discuss imposing sales tax on remote sales on March 12. But the focus will be alternatives to the
Marketplace Fairness Act ...
March 5, 2014
Maryland, Vermont and Washington have instituted methods aimed at determining whether their state tax incentives are functioning as intended and meeting their original goals and objectives, according...
March 4, 2014
by Christopher Young
Legalized gambling as a means of generating state tax revenue has been historically controversial. On the one hand, gambling can be a highly addictive and costly habit. On the other hand, it...
February 28, 2014
In the movie “Ground Hog Day,”
an arrogant weatherman must repeat the same day over and over until he
re-examines his life and adopts a different outlook. Ground Hog Day fell on...
February 27, 2014
About a month from now, Washington D.C. will play host to tens of thousands of tourists intent on taking in the magnificence of the cherry blossoms in peak bloom. While they are there, many of...
February 26, 2014
by Kathleen Caggiano
In this interview, Max Shenker, Vice President of Tax Credit Co., compares the California Competes Tax Credit and other new incentives to the state’s former Enterprise Zone program. The California...
February 25, 2014
As people get ready to take out their bikes this
spring, they may have to take out their wallets as well. As more state and
local jurisdictions are adding bike lanes, they are also entertaining...
February 24, 2014
by Steven Roll
As the constant drum beat of state tax
litigation will attest, the dealings between state tax agency officials and
taxpayer advocates can be acrimonious. It would be easy to
conclude that the...
February 21, 2014
Taxpayers who move in and out of the country
should fully consider the state tax consequences of living and working abroad, Mary
Beth Lougen, of American Expat Tax Services, explains in this...
February 20, 2014
On Thursday, the Multistate Tax Commission talked with
stakeholders about a draft of their model statute for remote seller sales and
use tax nexus. By the end of the call the
February 19, 2014
In this interview, Kish Rajan, Director of the California Governor’s Office of Business and Economic Development (GO-Biz), discusses the new California Competes Tax Credit program, which is...
February 18, 2014
In states that impose real estate transfer taxes, people
generally do not get a pass on paying them – except, according to several
recent court cases, mortgage giants Fannie Mae and Freddie Mac...
With the goal of raising revenue, Texas reformed
its franchise tax effective
in 2008, from a tax based on net capital or net income (earned surplus) to one
based on taxable margin, which is...
February 14, 2014
in home-rule states and avoiding catastrophic sales tax compliance scenarios is
possible. But taxpayers need to engage
in due diligence to mitigate the additional risk, Michael...
February 13, 2014
In 2008, when the Iowa Legislature enacted S.F. 2400, specifically section 60, the intention was to exempt sales-tax exempt transactions from the state’s 5 percent equipment tax. The legislation...
February 12, 2014
On February 7th, President Obama signed the 2014 Farm Bill, which, among other things, supplements conservation tax credits and incentives offered at the state level. To learn more about how the...
February 11, 2014
There are two states in the United States that have
legalized marijuana for recreational purposes, Colorado and Washington. The
road to approval was a highly debated one but one thing is...
February 10, 2014
by Melissa Fernley
U.S. Attorney General Eric Holder announced Feb. 8 th at a Human Rights Campaign gala that the Justice Department would be taking additional steps to ensure that same-sex couples will be...
February 7, 2014
With action and clarity lacking from Congress and the U.S.
Supreme Court, states have been emboldened to experiment with the legal
boundaries of nexus, marking a new “wild west” in state laws...
February 6, 2014
While Congress drags its feet on
enacting a law like the Marketplace Fairness Act, which would give qualifying states
clearer taxing authority over remote vendors, several states have taken matters
into their own hands by enacting so-called “Amazon” or “click-through nexus”
February 5, 2014
The U.S. Tax Court recently issued its decision in Gateway Hotel Partners LLC v. Commissioner of Internal Revenue. The court determined that two of the transfers of Missouri historic preservation...
February 4, 2014
Editor's Note: This blog post is the first in a series by Bloomberg BNA's Christopher Young on 2014 state gas tax reform and similar developments. From potholes to cement cracks, visual...
Federal preemption of state unclaimed property law is continually evolving, as Congress and federal courts continue to shape this area of law. In this guest post, Brenda R. Mayrack, owner of ...
February 3, 2014
would be reasonable to think that happy and harmonious times would be ahead for
state lawmakers in 2014. For the first time since the Great Recession, the
states are experiencing relative...
January 31, 2014
aftermath of a 2013 Illinois Supreme Court decision, Hartney
Fuel Oil Co. v. Hamer , 2013 IL 115130, concluding that a seller incurs
retailers' occupation taxes in the local...
January 30, 2014
The U.S. Supreme Court recently decided a due process and
jurisdiction case that clarifies where a defendant could be subject to
suit. The implications of the ruling
and recent other high...
January 28, 2014
Fifty years after the U.S. Surgeon General’s first report announcing the
detrimental effects of smoking tobacco on the health of Americans, many people continue
to ignore the warnings ....
January 27, 2014
In addition to their snowy mountains, the two contenders for
Super Bowl XLVIII have another thing in common, legal recreational marijuana.
Both, Colorado and Washington have legalized the use of...
January 24, 2014
In 2014, many states will continue to emerge from
the lingering financial hardships of the Great Recession, Renee Bartoli,
Melissa Fernley, Rebecca Helmes, Michael Kerman, and...
January 23, 2014
As the dust settles from an eventful 2013, it was anybody’s guess which topic would dominate the early 2014 sales tax headlines. As January winds down, an unlikely underdog has emerged from a...
January 22, 2014
Tax incentives ranked fourth in The Council of State Governments’ Top 5 Issues for 2014: Fiscal and Economic Policy , according to a recent blog post by the organization. In particular, the...
January 21, 2014
Long gone are the days when Las Vegas was one of the only
legal gambling outlets in the nation.
Most states now allow some form of gambling, from bingo to slots to
table games, and a few...
January 17, 2014
If 2012 could be considered the year of Gillette , 2013 may best be remembered as the year in which state
courts, legislatures and taxpayers began to respond to Gillette in preparation for the...
January 15, 2014
In this interview, Daniel
Effron, a tax partner at accounting firm Marcum LLP in Philadelphia, discusses some
of the opportunities created by the revamped GrowNJ program. While the...
January 14, 2014
In the severance tax world, there are two kinds of states –
those that have depended on oil and natural resource tax revenue for years, and
the rest that are just starting to reap significant...
January 13, 2014
Illinois could not constitutionally tax the income of an inter vivos trust originally formed
under Illinois law, but later removed to Texas, because all of the trust's
business and property were...
January 10, 2014
New York State's tax law and regulations concerning receipts
sourcing were drafted during the mercantile economy and have not been updated
to address the technology changes now prevalent...
January 9, 2014
What does 2014 have in store for sales tax? The Marketplace Fairness Act, cloud
computing, and taxation of services are among the big issues to watch this
year, according to state tax experts...
January 8, 2014
The New Year signals a time of inner reflection and change – whether it be starting a new year’s resolution or getting back into the swing of things at work. Yet, sometimes, the more things change,...
January 7, 2014
Since the IRS released Rev. Rul. 2013-17 , which allowed married same-sex couples to file joint federal tax returns, the states have been scrambling to release their own administrative guidance....
January 6, 2014
by Michael Kerman
Bloomberg BNA’s Daily
Tax Report put out a special
report today detailing the status of click-through nexus laws in the several states that
have enacted legislation to collect sales tax...
January 3, 2014
more than half the states that have authorized the use of medical marijuana
impose a tax on sales of the substance, but the amount of revenue generated so far
has been low and has...
January 2, 2014
The beginning of a new year means reviewing the prior year’s
important developments as a means of predicting what lies ahead. In 2013, a handful of states passed legislation mid-year...
December 30, 2013
The world of multistate corporate income tax in 2013 was
focused on questions surrounding the Multistate Tax Compact in the wake of California’s
2012 Gillette decision, the continued
December 27, 2013
Decision trees are devices which can serve to diagram the
uncertainties accompanying the alternatives of “settle” or “litigate,” Michael
H. Salama and Katelyn E. Godfrey, both with The Walt...
December 26, 2013
As 2013 draws to an end, it’s natural to reminisce about such an eventful year. Indeed, 2013 had many noteworthy events – a royal birth, a new pope, and a third (THIRD!?) Red Sox World Series...
December 23, 2013
The United Kingdom recently announced its plans to become
country outside the Muslim world to sell a Shariah-compliant bond as soon
as next year. Meanwhile, several states in the U.S....
December 20, 2013
As business transactions continue to move online and involve affiliates based in other locations, or are conducted using out-of-state pass-through entities, geographical borders can appear blurry at...
December 19, 2013
This year was another year in which states did not have
federal guidance on “click-through” nexus provisions, so they continued to make
their own. Four states – Kansas, Maine,
December 18, 2013
As the year comes to a close, it’s always nice to take a look back at the important state tax credit issues that arose during the past 12 months. The year started out with the ‘ fiscal cliff ’...
December 16, 2013
Maine and Ohio each earned an “A,” while California and Louisiana
each received a “D –” in the Council On State Taxation’s fifth Scorecard on Tax Appeals &
Procedural Requirements . The...
December 13, 2013
Paul Frankel, senior counsel with Morrison and Foerster's State and Local Tax Group and former Chairman of Bloomberg BNA's State and Local Advisory Board, received the 2013 Franklin C. Latcham Award...
December 12, 2013
Burlington Coat Factory Warehouse missed out on a sales tax refund of $396,568.56 in New Jersey
because it was unable to provide sufficient evidence to prove that the
installation of a pricey inventory material handling system in its warehouse was
a capital improvement, and thereby did not qualify for an exemption. Burlington
Coat Factory Warehouse v. New Jersey Dir. of Taxn., N.J. Super. Ct. App.
Div., No. A-0535-11T3, 11/26/13.
December 11, 2013
In this interview, Joe Jacobson, Director of the Division of Economic Development in the Department of Commerce, Community, and Economic Development, discusses Alaska’s film tax credit and its...
December 6, 2013
The New Jersey Division of Taxation is taking comments on the proposed market-based sourcing rule for services set to go into effect in 2014 "very seriously", Michael Bryan, Director at the New...
December 5, 2013
In Illinois, sourcing for the local retail occupation taxes is no longer fixed exclusively by the place of order acceptance. In other words, just because a retailer accepts an order for goods or...
December 4, 2013
It’s time to celebrate the holiday season. While everyone is searching for the perfect gifts for loved ones, states are busy fulfilling wishes too. There’s those startups in New York; amateur...
December 3, 2013
On the day after Thanksgiving weekend, millions of people flock to their computers and engage in electronic commerce. It’s Cyber Monday and shoppers (almost instinctively and impulsively) scour...
November 29, 2013
Article X of the Constitution of Virginia requires all property in Virginia-real and personal, tangible and intangible-to be taxed at its fair market value unless the property is exempt from...
November 27, 2013
The effectiveness of tax credits given by states to various businesses in order to attract them to their particular jurisdiction has been an ongoing issue of debate. It is important to remember,...
November 25, 2013
Consumers are increasingly turning to hard cider as an alternative to wine and beer. The fact that hard cider is gluten free is also helping to fuel the drink’s popularity. As hard cider becomes...
November 23, 2013
With demands to balance budgets, minimize debt, and support public programs, states are exploring strategies to create new revenue by expanding the footprint of taxation, John O. McManus, the...
November 21, 2013
Colorado’s recreational marijuana users will pay sales tax
at a higher rate than the state imposes on other items, once Colorado permits
retail sales to begin in January. At the beginning...
November 20, 2013
In Site Selection ’s annual ranking of state business climates, Georgia took first place this year, according to the magazine’s article . North Carolina came in second followed by Texas and...
November 19, 2013
The New York State Bar Association Tax Section released a report November 18 th which outlined its continued disapproval of a 2010 proposal to eliminate the income tax exemption for non-grantor...
November 18, 2013
“This town ain’t big enough for the both us.” The phrase is essential
dialogue in most western movies. It also seems to describe the current
relationship between click-through nexus laws and the...
November 15, 2013
Wisconsin will provide $7 million in state tax credits to Amazon.com following the online retailer's commitment to construct a 1-million-square-foot distribution facility in Kenosha, Bloomberg BNA...
The Massachusetts Commissioner of Revenue would not budge when
it came to giving an unincorporated small-business owner and
operator, with a 20-year exemplary tax record, a break on not
complying with its electronic-filing mandate, but was forced to
back down following a ruling by the Massachusetts Appellate Tax
Board. Cocco v. Massachusetts Comr. Of Rev., Mass. App.
Tax Bd., Nos. C310367, C311626, C314426, 10/30/13.
November 14, 2013
Less than one month after the New York State Department of
Taxation and Finance filed its reply brief in opposition to
Overstock.com Inc. and Amazon.com LLC's petitions for writ of
certiorari in the U.S. Supreme Court, a conference has
been scheduled in the Court for Nov. 26, 2013.
November 13, 2013
In this interview, Lee Thomas, Division Director of the Georgia Film, Music & Digital Entertainment Office, discusses the impact of Georgia’s film tax credit on the state’s economy. As one of...
November 8, 2013
In the absence of federal tax reform, efforts to remove some of the complexities or anomalies in California tax law have become more complicated by the adoption of Proposition 26 in 2010, Jozel...
November 7, 2013
Online travel companies (OTCs) have simplified travel arrangements down to a couple clicks of a mouse. Indeed, websites such as Expedia, Orbitz, Priceline, and Travelocity, among others, are a...
November 6, 2013
Congress is once again getting pressure from both sides to do something with the production tax credit. The production tax credit equals up to 2.3¢ per kilowatt hour of electricity produced from...
November 4, 2013
Pomp, the hearing officer for the March 28 public session regarding a proposal to change allocation and apportionment provisions in the Multistate Tax Compact, released his report
November 1, 2013
Congressional tax writers have long been talking about tax reform and have been holding hearings, establishing bipartisan working groups and soliciting recommendations and proposals from fellow...
State Tax Snapshot: U.S. Supreme Court Declines to Hear Click-Through Nexus Case on ‘Cyber Monday’
Incentives Watch: Will State Tax Incentives Survive an Adverse International Ruling?
Incentives Watch: State Tax Credits – The Gift that Keeps on Giving?
Weekly Round-Up: Virginia Real Property Tax Assessment Procedure—Potential Pitfalls for the Unwary
Sales Tax Snapshot: Illinois Supreme Court Dissects and Deduces on the ‘Source’ of Confusion