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Due Process Clause

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

North Carolina Appellate Court Affirms that Taxation of Trust’s Income is Unconstitutional

July 18, 2016 By Michael Giovannini

On July 5, 2016, the Court of Appeals of North Carolina affirmed the 2015 decision by the superior court in The Kimberley Rice Kaestner 1992 Family Trust v. N.C. Dep't of Revenue, which held that North Carolina was constitutionally prohibited from taxing the income of the plaintiff trust.  Essentially, the state asserted jurisdiction to tax the trust's income based solely on the fact that the beneficiaries of the trust were North Carolina residents (the trust had no other connection with the state).  The superior court rejected this assertion, concluding that the state could not impose the tax [...]Read more

Filed Under: State & Local Tax, State & Local Tax Advisory, State Tax Litigation Tagged With: Commerce Clause, Due Process Clause, fairly related, nexus, North Carolina

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