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Taxpayer Win on Retroactivity: An Important Step for New York Tax Law

February 14, 2020 By Alston & Bird Tax Team

Earlier this week, our State & Local Tax Team examined the New York Appellate Division’s rejection of the state’s attempt to retroactively unwind already-claimed taxed credits after a New York court invalidates the state’s retroactive application of tax legislation as violating the Due Process Clause.

  • Applying New York’s three-factor standard to determine whether a retroactive tax law is constitutional
  • Comparing a taxpayer-friendly outcome to a taxpayer defeat
  • It all comes down to how and why

Read the full advisory here.

Filed Under: State & Local Tax Advisory Tagged With: Carlton, Department of Taxation and Finance, DTF, Due Process Clause, Mackenzie Hughes, New York, qualified empire zone enterprise, QUZE, Replan Development, SCOTUS, Section 632, Wayfair

About Alston & Bird Tax Team

Our 80-plus tax attorneys comprise one of the largest law-firm-based tax practices in the country. Our tax clients include both long-standing firm clients and clients who choose Alston & Bird solely to do their tax work.

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