Alston & Bird Tax Blog

State & Local Tax Advisory

New York’s FY 2022 Budget Bill Crosses Finish Line

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New York State’s budget bill is on the governor’s desk. Our State & Local Tax Group provides the most significant highlights for you and your business. Higher tax rates for the wealthy, lower tax rates for the middle classCorporations will see higher tax rates and a reinstated capital baseElective pass-through entity tax enactedSeveral tax credits were created, renewed, or extended Click here to read the full advisory. [...]Read more

If at First You Don’t Succeed, Try, Try Again to Enact the Nation’s First Digital Advertising Services Tax

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Maryland has enacted a tax on revenues derived from digital advertising services, effective this year. Our State & Local Tax Team breaks down how the tax will be applied but questions whether it can survive legal challenges.

  • What are “digital advertising services”?
  • What legal challenges does the new tax face?

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

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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. [...]Read more

Amendment to NYS Tax Law Affects Recording of Deeds for LLCs

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New York’s new real estate transfer tax recording requirements for LLCs raise questions on whether the scope and complexity of the changes can be enforced or noncompliance monitored. Our State & Local Tax Group explores:

Disclosing all LLC members
Who is a “natural person”?
Compliance and confidentiality concerns

Read the full advisory here. [...]Read more

U.S. Supreme Court Carves a Narrow Taxpayer Win on Due Process in Kaestner

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One year after dropping the landmark Wayfair decision, our State & Local Tax Group examines why this year’s Supreme Court decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust won’t leave much of a mark.

Kaestner focuses narrowly on the trust at issue in the case
The Court goes out of its way to ensure that the decision does not affect precedent
The decision reaffirms the due-process test of Quill

Read the full advisory here. [...]Read more