MoFo New York Tax Insights - Volume 5, Issue 5 - May 2014

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).

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