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To Be or Not To Be A Unitary Business

Oftentimes companies are on the defense in establishing that they are not operating a unitary business to avoid excessive taxation by a State. Yet, there are occasions when companies take the offense—and are successful. In...more

What’s Shaking: Blank Rome State + Local Tax Roundup - April 2024

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

4/19/2024  /  Sales & Use Tax , Sales Tax , SALT , State Taxes

Misapplication of Complete Auto

The South Dakota Supreme Court recently analyzed the four-part Complete Auto test to determine if the State’s use tax results in a burden on interstate taxation in Ellingson Drainage, Inc. v. South Dakota Department of...more

A Lack of Transparency: Minnesota Edition

Taxpayers and practitioners are often stymied by the lack of clarity or other information provided by state departments of revenue on tax issues. While the limited information can be understandable when a department does not...more

Assess One, Assess All?

Over the years, taxpayers have argued that an assessment is barred by a claim of equal protection under the Fourteenth Amendment. A recent Tennessee Court of Appeals case highlights the difficulties that taxpayers face in...more

The Conundrum of Sourcing Income for Nonresidents

The general rule of thumb for nonresidents has long been that nonresidents can only be taxed by a state on income earned in that state (i.e., source income). Seems simple enough, right? As every state tax professional knows,...more

State Solutions to a Mobile Workforce

A mobile workforce has countless benefits. However, there are many tax consequences that accompany it. While many taxpayers hoped for a federal solution to some of the tax issues created by a mobile workforce, some states...more

What’s Shaking: Blank Rome State + Local Tax Roundup - March 2023

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

English 101: Prepositions Matter When Determining Where Services Are Rendered

Ascertaining where services are rendered has been a challenge faced by numerous companies operating throughout the United States. For example, for Louisiana corporate franchise tax purposes, revenue from certain services is...more

What’s Shaking: Blank Rome State + Local Tax Roundup - December 2022

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

Whose Income Producing Activity Is It Anyway?

Both states and taxpayers have struggled with how to correctly source service receipts for apportionment purposes. The myriad of state sourcing provisions certainly do not add any clarity to the issue. Muddying the waters...more

What’s Shaking: Blank Rome State + Local Tax Roundup - November 2022

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

What’s Shaking: Blank Rome State + Local Tax Roundup - October 2022

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

10/21/2022  /  Local Taxes , SALT , State Taxes , Tax Planning

Limitations on the Ability to Tax

In the post-Wayfair age, the challenges to a jurisdiction’s ability to tax have decreased. However, the pandemic brought a slew of new tax considerations and emergency rules and legislation, which have resulted in a steady...more

Protecting Their Own: Limiting Out-Of-State Taxation

In June, New Hampshire enacted legislation in an attempt to limit other states from taxing its residents’ income. Specifically, H.B. 1097 provides that “compensation earned or received by residents of the state of New...more

Where’s Home for the Franchise King?

Determining the location of a person’s domicile is a fact-intensive inquiry—with potentially large tax consequences. For example, take the recent Kansas Supreme Court decision in Bicknell v. Kansas Department of Revenue, No....more

A Common-Sense Approach to Sales Factor Sourcing

For years, departments of revenue have interpreted their states’ sourcing statutes to use a market-state approach. Those attempts have ranged from reasonable interpretations to outlandish ones. Recently, the Texas Supreme...more

A Battle against Discrimination

It is without question that when the Washington Legislature enacted the Business & Occupation surtax on financial institutions with consolidated net income of at least one billion dollars, the Legislature had a discriminatory...more

Here a Penalty, There a Penalty, Everywhere a Penalty

Back in the “good old days,” penalties were only imposed to punish some nefarious conduct—for example, when a person “hid” funds offshore or purposefully failed to pay the tax due. By definition, a penalty is a punishment....more

What’s Shaking: Blank Rome State + Local Tax Roundup - November 2021

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

When a Court Misses the Mark

The Washington Supreme Court recently reviewed the much-maligned additional Business & Occupation (“B&O”) tax on certain financial institutions. Washington Bankers Ass’n v. Dep’t of Revenue, No. 98760-2 (Wash. Sept. 30, 2021)...more

What’s Shaking: Blank Rome State + Local Tax Roundup

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys...more

Control Issues: A Use Tax Prerequisite

Use tax is often an afterthought for many companies—playing second fiddle to sales taxes. Yet, use tax audits are common—and often costly. Use tax is generally applicable when property is purchased out-of-state and used in...more

Grasping at Straws: The Amicus Brief of the United States in New Hampshire v. Massachusetts

Last October, New Hampshire filed a challenge with the U.S. Supreme Court condemning Massachusetts’s temporary rule requiring nonresident employees of Massachusetts’s employers to continue sourcing income to Massachusetts,...more

Connecticut Paves the COVID High Road

Recently, Connecticut enacted legislation providing that having an employee telecommuting from Connecticut will not create a taxable presence (i.e., nexus) in the state for the employer. H.B. 6516, Gen. Assemb., Jan. Sess.,...more

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