News & Analysis as of

Sales Tax Tax Exemptions State Taxes

McDermott Will & Emery

ITFA Is Alive and Well: New York Advisory Opinion Reaffirms Sales Tax Exemption for Internet Access Services

McDermott Will & Emery on

In its latest Advisory Opinion, TSB-A-24(4)S (June 26, 2024), the New York State Department of Taxation and Finance (the Department) reaffirmed the broad protections offered by the Internet Tax Freedom Act (ITFA) against...more

Baker Donelson

SALT Select Developments - August 2024

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. ln this newsletter edition, we will briefly summarize selected state and local tax (SALT)...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Sales Tax Exemptions Businesses Should Know

Generally, in Ohio, sales of tangible property are taxable unless an exemption exists, whereas services are generally nontaxable unless specifically enumerated as taxable under the Ohio Revised Code. However, Ohio has many...more

Blank Rome LLP

South Carolina Supreme Court Declares Facially Discriminatory Sales Tax Exemption Invalid

Blank Rome LLP on

It is well settled that states may not discriminate against interstate commerce in the name of intrastate economic development. Recently, in the consolidated cases Orthofix, Inc. v. Dep’t of Rev., App. No. 2023-000317 (S.C....more

Freeman Law

Texas Sales and Use Tax | The Manufacturing Exemption

Freeman Law on

We’ve previously discussed the general rule that Texas sales and use tax are imposed on sales of “tangible personal property” or “taxable services,” [1] and that the Texas Tax Code and Comptroller’s Rules set out exemptions...more

Buckingham, Doolittle & Burroughs, LLC

Maximizing Ohio Sales and Use Tax Exemptions for Businesses

In Ohio, sales of tangible personal property are presumed taxable unless an exemption exists. On the other hand, services are presumed nontaxable unless specifically enumerated as taxable under Ohio’s Revised Code. Many of...more

Freeman Law

Texas Sales Tax Exemptions | Sales-for-Resale

Freeman Law on

The Texas Tax Code provides that, as a general matter, Texas sales and use tax are imposed on sales of “tangible personal property” or “taxable services.” However, various exemptions apply to these items to provide relief to...more

Baker Donelson

SALT Select Developments - November 2023

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. ln this newsletter edition, we will briefly summarize selected state and local tax (SALT)...more

Holland & Knight LLP

Florida Gov. Ron DeSantis Signs 2023 Tax Bill into Law

Holland & Knight LLP on

Florida Gov. Ron DeSantis signed House Bill (HB) 7063 into law on May 25, 2023, providing short-term and long-term tax relief for Florida taxpayers. The legislation provides approximately $1.3 billion in tax breaks to Florida...more

Baker Donelson

SALT Select Developments - April 2023

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. In this newsletter edition, we will briefly summarize certain state and local tax (SALT)...more

Baker Donelson

SALT Select Developments - June 2022

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. In this newsletter edition, we will briefly summarize certain SALT developments in several...more

Baker Donelson

SALT Select Developments - May 2022

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. In this newsletter edition, we will briefly summarize certain SALT developments in several...more

Baker Donelson

SALT Select Developments - April 2022

Baker Donelson on

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. In this newsletter edition, we will briefly summarize certain SALT developments in several...more

BakerHostetler

[Podcast] What Lies Beneath - When Does the Sales Tax Manufacturing Exemption Start?

BakerHostetler on

How does the manufacturing exemption apply when the end product starts off as real property? Matt Hunsaker breaks down the Texas Court of Appeals opinion in Texas Westmoreland Coal Co. and its implications....more

BakerHostetler

[Podcast] A 30,000 Foot Look at State Taxation of Corporate Aircraft

BakerHostetler on

Matt Hunsaker highlights some issues that should be considered when purchasing a company jet, including sales tax and property tax....more

BakerHostetler

[Podcast] Sales Tax is Tricky - The Manufacturing Exemption

BakerHostetler on

In this episode, Matt Hunsaker explores the sales tax manufacturing exemption to demonstrate why sales tax becomes more complex as you peel back the layers of the onion....more

McAfee & Taft

Oklahoma Sales Tax Code amended to provide exemptions for certain business-to-business sales of tangible property

McAfee & Taft on

On May 3, 2021, Governor Kevin Stitt signed HB 1060, which amends the Oklahoma Sales Tax Code. Oklahoma levies a state sales tax of 4.5% on the gross proceeds received from all sales of tangible personal property unless...more

BakerHostetler

Taxing Santa - A Satirical Summary of 2020 State Tax Issues

BakerHostetler on

In this light-hearted episode, Matt Hunsaker explains how Wayfair, marketplace facilitator laws, false claims acts, economic nexus, the manufacturing exemption, and other issues apply to Santa Claus....more

McAfee & Taft

Maintaining Oklahoma tax incentives after COVID-19

McAfee & Taft on

As businesses look to reopen and recover from the COVID-19 pandemic, they should be attentive to Oklahoma tax incentives previously awarded to them to ensure all requirements are met to continue to avail themselves of these...more

McAfee & Taft

Sales Tax Relief from Liability in Oklahoma

McAfee & Taft on

Oklahoma statutes provide that the sales tax is to be paid by the consumer to the seller. The seller is specifically prohibited from absorbing or paying the tax on behalf of the consumer and is required to collect the sales...more

Morrison & Foerster LLP

MoFo New York Tax Insights Volume 11, Issue 1

Welcome to the latest issue of New York Tax Insights. In this issue we cover: • Our annual review of the developments we considered the Top 10 New York tax highlights in the past year (on page 1). •Three separate ALJ...more

Buckingham, Doolittle & Burroughs, LLC

Ohio sales / use tax: Statute expanding oil & gas exemption applies retroactively to purchases of hydraulic fracturing equipment

The Tenth District Ohio Court of Appeals recently applied a statutory amendment clarifying the oil & gas exemption for Ohio sales & use tax retroactively. Interestingly, while this appeal was pending at the Board of Tax...more

Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 10, Issue 11

FEDERAL JUDGE DISMISSES NEW YORK STATE LAWSUIT CHALLENGING $10,000 SALT DEDUCTION CAP - A federal district court judge has dismissed a suit brought by New York State (together with Connecticut, New Jersey, and Maryland)...more

Smith Anderson

Tax Provisions in the North Carolina 2019 Appropriations Act

Smith Anderson on

This Alert summarizes the more significant tax provisions included in House Bill 966, the 2019 Appropriations Act (the “Bill”). The Bill, a Conference Committee measure reconciling the House and Senate budget proposals, was...more

Faegre Drinker Biddle & Reath LLP

Purchases of Truck Leasing Company not exempt from Indiana Sales and Use Tax under Public Transportation Exemption

In Schilli Leasing, Inc. v. Indiana Dep’t of State Rev., Cause No. 49T10-1306-TA-00054 (Aug. 31, 2017), the Indiana Tax Court denied the public transportation exemption from sales and use tax for purchases of a truck leasing...more

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