Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..The New York State Department of Taxation and Finance’s release of revisions to its draft business corporate franchise tax regulations for...more
8/6/2019
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Business Taxes ,
Corporate Taxes ,
Domicile ,
Franchise Taxes ,
Income Taxes ,
Local Taxes ,
Sales & Use Tax ,
State Taxes ,
Tax Reform ,
Tax Tribunal
New York state, together with the states of New Jersey, Connecticut and Maryland, has brought suit in federal district court seeking to invalidate on constitutional grounds the $10,000 cap on state and local tax, or SALT,...more
APPELLATE DIVISION HOLDS THAT BANK MUST APPLY NOLS IN YEAR IT WAS TAXED ON NON-INCOME BASE -
The Appellate Division has held that a taxpayer was required to use its net operating loss (“NOL”) carryforward to decrease its...more
DRAFT BILL RELEASED IMPLEMENTING A NEW YORK STATE UNINCORPORATED BUSINESS TAX -
The New York State Department of Taxation and Finance has released a “discussion draft” of a bill that would implement a New York State...more
NYC TRIBUNAL IMPOSES ITS OWN SOURCING METHODOLOGY FOR RECEIPTS FROM SERVICES -
In a case involving the sourcing of lump sum payments for the performance of services, the New York City Tax Appeals Tribunal took the unusual...more
2018–19 NEW YORK STATE EXECUTIVE BUDGET RELEASED -
New York State Governor Andrew M. Cuomo has released the New York State 2018-2019 Executive Budget, containing several potentially significant tax proposals. They include...more
The Top 10 New York Tax Highlights of 2016 -
It’s the New Year, and before we begin afresh, we look back at this past year with our list of the Top 10 New York tax highlights of 2016.
1. The New York State Tax...more
1/11/2017
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Broker-Dealer ,
Corporate Taxes ,
Deductibles ,
HMOs ,
S-Corporation ,
Sales Tax ,
State Taxes ,
Subsidiaries ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal ,
Transfer Taxes
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
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
TRIAL COURT HOLDS THAT FEES RELATED TO THE NEW YORK HIGHWAY USE TAX ARE UNCONSTITUTIONAL -
In a class action lawsuit, an Albany County trial court held that flat highway use registration and decal fees charged to heavy...more
State Tax Department Releases New Draft Article 9-A Combined Reporting Regulations -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax...more
2/8/2016
/ Article 9 ,
Combined Reporting ,
Corporate Taxes ,
Lease Tax ,
Net Investment Income ,
Safe Harbors ,
Sales Tax ,
State Budgets ,
State Taxes ,
Tax Deductions ,
Tax Reform ,
Tax Refunds
Resident Is Not Subject to Use Tax on Yacht Briefly Docked in the State -
In Matter of Michael Pellino, DTA No. 825869 (N.Y.S. Div. of Tax App., Oct. 1, 2015), a New York State Administrative Law Judge concluded that...more
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
This is an important reminder that non-securities dealer corporations subject to New York State and City corporate tax have until September 30, 2015 to identify stock as investment capital in order for the stock to qualify as...more
On September 2, 2015, the New York State Department of Taxation and Finance released draft amendments to the Article 9-A corporate franchise tax regulations to address significant changes relating to statutory nexus under...more
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:
- Governor Cuomo Releases 2015-16 Executive Budget, Including New York City Corporate Tax Reform
- New Commissioner of Taxation and Finance
- ALJ Holds That Husband Changed His Domicile to...more
In This Issue:
- The Top 10 New York Tax Highlights of 2014
- Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel
- Court of Appeals Holds City Transfer Tax Does Not...more
In This Issue:
- ALJ Upholds Denial of Sales Tax Refund Because Vendor Failed to First Make Refunds to Customers
- HMO Held Exempt from New York City General Corporation Tax
- State Tax Department Issues...more
In This Issue:
- Department Releases New Nonresident Audit Guidelines to Address Gaied
- Nuclear Power Plant That Produces Steam and Water to Generate Electricity Is Not Eligible for Investment Tax...more
In This Issue:
- Two Combined Reporting Decisions Highlight Issues Involving “Permissive” Combined Reporting
- New York State Corporate Tax Reform Legislation Enacted – What You Need to Know
- Appellate Court...more
In This Issue:
City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more
In This Issue:
Court of Appeals Reverses Gaied “Permanent Place of Abode” Decision; ALJ Holds That Certain Data Processing Services Furnished to Broker-Dealers Are Not the Licensing of Software; Trial Court Allows...more
In This Issue:
Governor’s tax Reform Commission Issues Final Report; Third Department Affirms tribunal: Government Financing Arrangements Are not Investment Capital; Appellate Division holds taxpayer Failed to Prove...more
In This Issue:
ALJ Disallows Combined Filing in Absence of Substantial Intercorporate Transactions; Court Rejects Constitutional Challenge to Tax Credit Deferral Legislation; New York City Loses Another Transfer Tax...more