Archive for State And Local Tax (SALT)

Don’t Mess With The Seminoles – Indians Win Sales Tax Case In Florida

As a Florida state and local tax attorney I live in the world of strange. Few attorneys or tax professionals are even aware of our peculiar area of the law. Even fewer attorneys or tax professionals have heard of, let alone practiced in the even stranger area of Native American Taxation. During my travels and while earning my LL.M. at NYU, I was one of the few fortunate souls to be exposed to this spin off of state and local tax. In fact, there are only two courses offered in the United States at the LL.M. level on this subject. Native American Taxation is poorly developed, the rules are unclear, and the cases make no sense whatsoever. While this is common for Florida attorneys like me who live in a world with no clear answers, living in this gray area of the law is uncomfortable for most lawyers and professionals. Read More

Written by | Posted in State And Local Tax (SALT)

DOMA Tax Issues – Still Outstanding

Someone recently asked me what federal tax issues are still outstanding regarding DOMA and the effect of the June 2013 Windsor decision. There are still a few income tax issues that come to mind (there are also estate and gift and state tax issues as well), that were not covered in the initial guidance (Rev. Rul. 2013-17). Here is my list. Do you have any input or additional ones to add?

Amended Returns

Will the IRS issue guidance to assist in the filing of amended returns? The current version of Form 1040X is not conducive to showing how two prior separate returns will now be treated as one MFJ return. Read More

Written by | Posted in Gift Tax • Income Tax • State And Local Tax (SALT)

Lights, Camera, Action and Tax Cut! Spotlight on California’s Film Tax Credit Program

In a highly strategic effort to mitigate the exodus of filming to other states throughout the United States as well as other countries, California lawmakers enacted an increase to its Film Tax Credit Program on September 18th to more than triple the annual credits available from $100 million to $330 million, and to extend the program through the year 2020.

The new California law significantly enhances the California Film Tax Credit Program which will now allocate the available annual pool of credits 5% to independent films; 35% to feature films from major players; 20% to relocating television series; and 40% to new television series, pilots, movies-of-the-week and mini-series. Read More

Written by | Posted in Specialty Tax Incentives • State And Local Tax (SALT)

Illinois Tries Again With Nexus Law

On March 28, 2013, Overstock and Amazon lost their challenge of a state tax on online sales in New York’s highest court. Further, the the Supreme Court of United States declined hearing the case, because the court determined that such a law did not violate the federal Commerce Clause. Following the Amazon decision, we expected the states to follow New York’s lead and enact its own click-through-nexus laws.

In 2011, Illinois did just that. Specifically, Illinois has a nexus law that required any company with a place of business in Illinois to collect and remit tax to Illinois. In 2011, Illinois enacted its so-called “Click Through” nexus law, which required a business to collect and remit tax if it has contact with a person or business in Illinois who referred customers to the business’s website for a commission. In this case, the trade group Read More

Written by | Posted in Sales/Use Tax • State And Local Tax (SALT)

Colorado Shocked With Pot Tax Revenue

One of the main goals accomplished by legalizing marijuana in Colorado was the perceived increased revenue stream from state tax. Lawmakers strongly believed Colorado would benefit financially from the legalization of marijuana in its state. To their shock and dismay, the legalization has not been as profitable as lawmakers had hoped.

By way of brief background, Colorado enacted a pot tax in 2013. Specifically, on November 5, 2013, Colorado voters passed the pot tax. The tax operated similar to other sin taxes in that it came at a hefty rate. Recreational marijuana sales were subjected to a 25% tax which went into effect on January 1, 2014. Of the 25%, 15% will be tagged for public school construction projects and 10% was earmarked to funding enforcement regulation on the retail pot sales. This excise tax, which is similar to tobacco and cigarette taxes, is in Read More

Written by | Posted in Marijuana Taxes • State And Local Tax (SALT)

Should Gas Stations Fight Two-Tiered Pricing?

Have you ever wondered why gas stations often advertise two different prices on their sign? If you have not, then start looking and you will notice most stations advertise one price for cash (or company specific credit cards, such as Mobil, Shell, Chevron, etc.) and another for credit. The $0.10 difference, known as two-tiered pricing, is an attempt by station owners to recover steep credit card fees by incentivizing customers to use cash.

Over the past few years, many customers have expressed frustrations towards the station owners by being lured into a gas station for a lower price only to find a higher price at the pump when using their credit card. In response to public outcry, many counties enacted ordinances that require stations to list the highest price on their signs. For example, in Broward County, there is an ordinance on the books that requires gas stations to Read More

Written by | Posted in Individual • State And Local Tax (SALT)

SCOTUS Decides to Hear CSX – But Why?

Each year, the Supreme Court punts on dozens of cases. Included in the dozens of cases which the court elects not to hear each year are sales tax cases. They are uninteresting to the majority of the population and just not the type of cases the justices want to hear. In fact, despite having a significant affect in most multi-state businesses, the Supreme Court has not heard a sales tax nexus case since Quill in 1992.

If there was ever a case to hear, it was Amazon and Orbitz versus New York. At issue was the two large online retailers versus the mighty state of New York. To the dismay of many State and Local Tax (“SALT”) critics, the Supreme Court decided to punt on this case at the end of 2013. Perhaps, it thought Congress was going to shock the world and actually do something. Or, perhaps, it just really didn’t care about sales tax nexus. Read More

Written by | Posted in State And Local Tax (SALT)

Colorado “Amazon Tax” Case To Be Heard By Supreme Court

It is hard to believe we are more than halfway through 2014. What is not surprising is that states continue to battle with online companies, such as Amazon, as to whether it should be required to collect and remit sales tax. States continue with aggressive tactics and continue to look to distribution centers, affiliates, or even hard drives as a hook to establish nexus, which would require the company to collect and remit tax in that state.

In 1992, the Supreme Court of the United States heard a case called Quill v. North Dakota. In announcing the supreme law of the land, the Supreme Court ruled that a company has to have some physical presence in a state to have sales tax nexus. In other words, in order for a state to force a company to charge, collect, and remit its tax then the company has to have a warm body (an employee or independent contractor), or property (inventory) Read More

Written by | Posted in State And Local Tax (SALT)

Masterpieces On Loan – Love of Art or Sales Tax Savings?

Museums are often able to keep their collections diverse because of the wealthy art collectors that are willing to loan their pieces to them. On the surface, this seems like a very honorable act, but what many don’t know is there is a hefty tax incentive for these collectors. There is an increasing amount of art collectors that are employing this sales and use tax savings tactic when purchasing expensive art. As brought to the forefront in a recent NY Times article, they are using clever legal planning to get around paying a substantial sales (or use) tax bill on a multi-million dollar piece of art.

In the state and local tax (“SALT”) community, many art collectors are taking advantage of the Read More

Written by | Posted in State And Local Tax (SALT)

The House Judiciary Committee Approves Legislation to Permanently Prohibit State Taxes on Internet Access

On June 18th the House Judiciary Committee approved H.R. 3086, entitled “The Permanent Internet Tax Freedom Act” (hereinafter “PITFA”), by a large margin vote of 30 to 4. The bipartisan bill has more than 220 cosponsors. The legislation would make permanent the provisions of the Internet Tax Freedom Act, which temporarily bans states from taxing Internet access or placing multiple or discriminatory taxes on e-commerce. Most states currently do not tax Internet access, although several states do such as Ohio and Texas, which were grandfathered under the original legislation. The new bill would remove that exemption. By striking the 2014 expiration date from the bill, the PITFA makes the suspension permanent instead of requiring reauthorization every few years.

Read More

Written by | Posted in State And Local Tax (SALT)

Global Distributor Expands Micjo Decision

In 2012, an important case in favor of tobacco distributors was decided by a Florida appellate court. Technical tax issues aside, Micjo taught us that if a taxpayer does not agree with a department’s tax decision, then it should fight for its money that is not due. Since the Micjo ruling, many other tobacco distributors have been filing refunds and fighting tax assessments based on the appellate case. After filing several Micjo refund cases, we discovered another pro-tobacco distributor case was decided in Oregon that could take Micjo a step further. Logically, the case should apply to Florida and other states’ tobacco taxing laws. If correct, then tobacco distributors may be entitled to large refund claims.

Taking a step back, Micjo was decided in 2012 and it discussed the correct taxable base Read More

Written by | Posted in Sales/Use Tax • State And Local Tax (SALT)

Florida Department of Revenue Continues To Bully C-Store Industry

For the last three years, our firm has been relentless writing and warning any business that sells beer, liquor, and/or cigarettes, that the Florida Department of Revenue was coming. The onslaught of the industry all stemmed from a law change in 2011. With little support, a new law went into effect in Florida that required all wholesalers, manufacturers, and distributors of alcohol and tobacco to provide annual sales information the Florida DOR. Shockingly, some ABT retailers were purchasing multiples of gross sales of alcohol and tobacco alone. For example, the average Florida C-store purchased about $50,000 a month in ABT items alone but only reported gross sales of $20,000 for sales tax purposes. As predicted, we were told that approximately 200 audit notices were going out every three months (DR-846 – “desk audits” & DR-840 – “full audit notices”) and each of Read More

Written by | Posted in Audit • IRS • Sales/Use Tax • State And Local Tax (SALT) • Tax Fraud/Evasion/Crimes
« Older Entries   Recent Entries »