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State & Local Tax Advisory

Looking Back at Georgia’s 2022 Legislative Session

June 3, 2022 By Alston & Bird Tax Team

Georgia’s 2022 legislative session included a number of consequential tax bills. Our State & Local Tax Group highlights key takeaways.

  • What passed: rate cuts and elective consolidation
  • What didn’t pass: revisions to the film tax credits and sales taxes on electronically delivered software
  • How these changes will impact individual and business taxpayers

Click here to read the full advisory.

Filed Under: State & Local Tax Advisory Tagged With: film tax credits, Georgia, sales tax, State legislation, tax bills, Taxpayers

New York’s FY 2022 Budget Bill Crosses Finish Line

April 19, 2021 By Alston & Bird Tax Team

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

Filed Under: State & Local Tax Advisory Tagged With: capital base, Corporations, New York, pass-through, pass-through entity, personal income tax, PIT, PTE, tax credits

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

February 18, 2021 By Alston & Bird Tax Team

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?

Filed Under: State & Local Tax Advisory Tagged With: assessable base, Commerce Clause, digital advertising, gross tax revenue, internet tax freedom act, ITFA, Maryland

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. [...]Read more

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

Amendment to NYS Tax Law Affects Recording of Deeds for LLCs

December 2, 2019 By Zach Gladney and Josh Labat

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

Filed Under: State & Local Tax Advisory Tagged With: compliance, DTF, LLC, natural person, New York, New York Department of Taxation and Finance, New York Tax Law Section 1409(a), NYS, real estate transfer tax recording requirements

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