Welcome to the latest issue of New York Tax Insights. In this issue we cover:
Decisions from both the Appellate Division and the NYS Tax Appeals Tribunal holding it was unconstitutional to apply the April 2009 QEZE...more
TRIBUNAL AFFIRMS DECISION SOURCING “OTHER BUSINESS RECEIPTS” TO WHERE THE WORK WAS PERFORMED -
After three non-precedential Administrative Law Judge decisions—and well after the statute in question has been replaced by new...more
A SECOND APPELLATE COURT UPHOLDS THE CONSTITUTIONALITY OF NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, Third Department, has upheld the dismissal of a declaratory judgment action brought by...more
Appellate Court Holds That Furnishing of Pricing Information Is Not a Taxable Information Service -
The Appellate Division has issued a potentially important decision regarding the sales tax exclusion for information...more
Our August 2017 issue of New York Tax Insights covers these recent developments:
Sale of Security Services to Property Manager for NYC Housing Authority Held Exempt from Sales Tax -
The sale of security services by a...more
ALJ Holds that Executive Changed His Domicile to Paris and Was Not a New York Resident -
A New York State Administrative Law Judge has held that an individual who retired as chief financial officer of Colgate-Palmolive...more
NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors -
The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more
Appellate Division Holds That NYS Tax Department Properly Withheld Documents Requested Under FOIL -
In a unanimous decision, the Appellate Division affirmed a decision of the Supreme Court, Albany County, which had...more
ALJ holds NYS Real Estate Transfer Tax Cannot Be Imposed on Sale of 45% Membership Interest in LLC -
In an issue of first impression under the New York State real estate transfer tax, a New York State Administrative Law...more
7/7/2016
/ Administrative Law Judge (ALJ) ,
Admissions ,
Corporate Taxes ,
Data Mining ,
HMOs ,
Income Apportionment ,
Insurance Industry ,
Limited Liability Company (LLC) ,
Real Estate Transfers ,
State Tax Tribunals ,
Tax Appeals ,
Tax Commissions ,
Tax Court ,
Transfer Taxes ,
Tribunals
New York City Tribunal Rejects City’s Attempt To Forcibly Combine Bank And Its Mortgage Subsidiary -
The New York City Tax Appeals Tribunal, affirming a determination of the Chief Administrative Law Judge, has held that...more
6/8/2016
/ Administrative Law Judge (ALJ) ,
Audits ,
Banks ,
Bausch & Lomb ,
Driver's License Suspensions ,
False Claims Act (FCA) ,
Joint Tax Returns ,
Judicial Appointments ,
Parent Corporation ,
Property Tax ,
Sales Tax ,
SCOTUS ,
Statute of Limitations ,
Subsidiaries ,
Tax Appeals ,
Tax Exemptions ,
Tax Tribunal
The New York City Tax Appeals Tribunal, affirming a determination of an Administrative Law Judge, has held that Astoria Bank, which engaged in a banking business in New York City, was not required to include in its combined...more
Retroactive Application Of 2010 Statutory Amendment Permitted By Tribunal -
Reversing the decision of an Administrative Law Judge, the New York State Tax Appeals Tribunal has upheld the constitutionality of retroactively...more
5/5/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Corporate Taxes ,
Estate Tax ,
Net Operating Losses ,
Retroactive Application ,
Sales Tax ,
State Budgets ,
State Tax Tribunals ,
Tax Appeals ,
Tax Court ,
Tax Reform
ALJ holds that Insurance Payments to Captive Insurance Company Are not Deductible -
In Matter of Stewart’s Shops Corp., DTA No. 825745 (N.Y.S. Div. of Tax App., Mar. 10, 2016), a New York State Administrative Law Judge...more
4/5/2016
/ Administrative Law Judge (ALJ) ,
Canada ,
Captive Insurance Company ,
Corporate Taxes ,
Deductibles ,
IRA Rollovers ,
Resale Exemption ,
Retailers ,
Sales & Use Tax ,
Tax Appeals ,
Tax Refunds
NYC Tribunal Rejects Claim That First Amendment Requires Use of Audience Factor for Sourcing Receipts from Credit Ratings -
The New York City Tax Appeals Tribunal, reversing an Administrative Law Judge decision, has held...more
12/15/2015
/ Audits ,
Bulk Sales Act ,
Citigroup ,
Corporate Taxes ,
Credit Ratings ,
Department of Finance ,
McGraw Hill ,
Net Operating Losses ,
Qui Tam ,
State False Claims Acts ,
Tax Appeals ,
Taxpayers' Bill of Rights ,
Vanguard ,
Wrongful Termination
State Tax Department Releases Draft Article 9-A Nexus Regulations Under Corporate Tax Reform -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise...more
10/5/2015
/ Audits ,
Burden of Proof ,
Collateral Estoppel ,
Comment Period ,
Corporate Taxes ,
Dividends ,
Economic Presence Nexus ,
Hotels ,
Income Taxes ,
Limited Liability Company (LLC) ,
Nexus ,
Partnerships ,
Penalties ,
Proposed Amendments ,
Resale Exemption ,
Responsible Corporate Officer Doctrine ,
Responsible Person Liability ,
Sales & Use Tax ,
Sales Tax ,
State Tax Tribunals ,
Stipulations ,
Tax Appeals ,
Tax Credits ,
Tax Fraud ,
Tax Reform ,
Tax Returns
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities -
Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
8/14/2015
/ Attorney's Fees ,
Capital Markets ,
Charitable Organizations ,
Corporate Taxes ,
Electricity ,
FOIA ,
Investment Funds ,
Mobile Devices ,
New Guidance ,
Nuclear Power ,
Parking Lots ,
Property Tax ,
Remand ,
Renewable Energy ,
Revocation ,
Sales & Use Tax ,
Tax Appeals ,
Tax Court ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal
In This Issue:
- Important Changes at NYS and NYC Tax Agencies
- Court of Appeals Upholds Constitutionality of Taxing Nonresidents on Gain from S Corporation Stock Sale in Two Separate Decisions
- NYC Tribunal...more
7/15/2015
/ Business Taxes ,
Corporate Taxes ,
Foreign Banks ,
Income Taxes ,
Intangible Property ,
Investment Adviser ,
Limited Liability Company (LLC) ,
Management Fees ,
Real Estate Transfers ,
S-Corporation ,
Sales & Use Tax ,
Shareholders ,
Stocks ,
Tax Appeals ,
Tax Liability