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State & Local Tax Advisory

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

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

June 25, 2019 By Zach Gladney and Andrew Yates

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

Filed Under: State & Local Tax Advisory Tagged With: Due Process, Kaestner, Quill, SCOTUS, Supreme Court, Wayfair

State Guidance Needed After Treasury Issues Proposed Regulations Under Section 163(j)

December 4, 2018 By Charles Wakefield and Zach Gladney

Our State & Local Tax Group examines why proposed federal regulations for the new interest expense limitation complicates matters for state tax purposes.

Not every state follows the new Section 163(j)
Federal deduction determined on a consolidated basis …
… But states are all over the place

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

Filed Under: State & Local Tax Advisory Tagged With: 163(j), Tax Cuts and Jobs Act, Treasury

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