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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

NY Tribunal Disallows Broker-Dealer Sourcing for Receipts from a Disregarded LLC

April 9, 2020 By Zach Gladney and Josh Labat

Our State & Local Tax Team discusses a decision from the New York Tax Appeals Tribunal that holds that a single member of a broker-dealer is not entitled to use broker-dealer sourcing in NY.

Decision impacts millions at stake for NY taxpayers
Taxpayers relied on prior guidance from the NY Division of Taxation
The Tribunal reverses a widespread view on disregarded LLCs

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

Filed Under: State & Local Tax Tagged With: broker-dealer, New York, SMLLC, tribunal

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

False Claims Act Is Again in Focus, This Time in New York

September 16, 2019 By Alston & Bird Tax Team

Last week, our Unclaimed Property Team uncovered the broader implications of a New York court’s False Claims Act ruling that could create a new risk for holders that report past-due property.

Overview of the action brought by the relator
The court’s decision
Implications for holders

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

Filed Under: Unclaimed Property Advisory Tagged With: APL, False Claims Act, FCA, New York, New York Abandoned Property Law, OAG, Office of the New York State Attorney General, Office of the State Comptroller, OSC, qui tam, Supreme Court, Unclaimed property, UP

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