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Digital Services Taxes and Nexus for Foreign Tax Credit Purposes

February 17, 2021 By Brian Harvel and April McLeod

Our International Tax Group reviews Treasury’s proposed regulations that would add a jurisdictional nexus requirement to the analysis used to determine whether a foreign tax is an income tax for foreign tax credit purposes. What is the new jurisdictional nexus requirement?Why is Treasury worried about Europe’s digital services taxes?What are the arguments against the new nexus requirement? Read the full advisory here. [...]Read more

Filed Under: International Tax Advisory Tagged With: foreign tax credit, FTC, Income Tax, IRS, nexus, OECFD, Organisation for Economic Co-operation and Development, Treasury

‘Wayfair’: What Are the Practical Retroactivity Concerns?

August 10, 2018 By Charles Wakefield and Zach Gladney

What is the practical risk that states attempt to apply Wayfair retroactively? And should taxpayers rush to limit exposure for historical periods by entering into voluntary disclosure agreements with states that might assess tax retroactively under Wayfair?

In an article originally published in Bloomberg BNA’s Weekly State Tax Report, Zach Gladney and Charles Wakefield explain why applying Wayfair retroactively would be misguided and unsuccessful.

To read the full article, click here. [...]Read more

Filed Under: Controversies - State, Sales and Use Tax, State & Local Tax Tagged With: nexus, physical presence, retroactivity, South Dakota v. WayFair

The Supreme Court Weighs a New State Tax Nexus Standard, Again

April 18, 2018 By Kendall Houghton and Clark Calhoun

The U.S. Supreme Court heard oral arguments in the latest challenge to Quill’s physical-presence standard for collecting state use taxes. Our State & Local Tax Group provides a first-hand account of the lively debate and analyzes the Justices’ willingness to overturn the 25-year-old standard.

South Dakota takes up Kennedy’s suggestion
What is the real-dollar impact?
Retroactivity becomes an issue

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

Filed Under: State & Local Tax Advisory Tagged With: New State Nexus Standard, nexus, Quill, SCOTUS, South Dakota v. WayFair, Supreme Court, Wayfair

State & Local Tax ADVISORY: Georgia Legislation Roundup 2017: General Assembly Fails to Pass Economic Nexus Bill

April 5, 2017 By Kathleen Cornett

Which tax bills survived sine die? Our State & Local Tax Group reviews the three major tax bills of the 2017 Georgia General Assembly.
• HB 329 – the omnibus bill
• HB 225 – the rideshare bill
• HB 283 – the IRC conformity bill

Read the full advisory by clicking here. 

Filed Under: State & Local Tax, State & Local Tax Advisory Tagged With: Department of Revenue, Economic Nexus Bill, Georgia General Assembly, HB 225, HB 283, HB 329, HB 61, nexus, Quill

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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