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 Finds Due Process Violation in Retroactive Application of 2010 Statutory Amendment
- Tribunal Affirms That a Nonresident Partner’s Loss from the 2005 Disposition of Partnership Interest Was Not New York Source Income
- ALJ Provides Taxpayer Limited Award of Legal Fees in Withholding Tax Dispute
- ALJ Finds Empire Zone Credit Correctly Calculated for Personal Income Tax Purposes
- Insights in Brief
- Excerpt from Two Combined Reporting Decisions Highlight Issues Involving “Permissive” Combined Reporting:
The New York State Tax Appeals Tribunal has issued its decision in Matter of IT USA, Inc., DTA Nos. 823780 & 823781 (N.Y.S. Tax App. Trib., Apr. 16, 2014), affirming the Administrative Law Judge’s determination permitting two New York taxpayer corporations to file combined Article 9-A reports, also including their parent holding company, despite the absence of substantial intercompany transactions, since they established the existence of a unitary relationship and the lack of arm’s length pricing. Meanwhile, in a decision issued just weeks earlier, an ALJ found that combination was not permitted for a different group of companies providing information technology sales and service, finding insufficient connections on the record presented to establish either a unitary relationship or distortion. Matter of SunGard Capital Corp. and Subsidiaries, et al., DTA Nos. 823631 et. al. (N.Y.S. Div. of Tax App., Apr. 3, 2014).
Please see full publication below for more information.
