Louisiana Governor Jeff Landry announced today that he will call a special session in November to consider significant tax reform. While details of the plan have not been released, he did indicate that the proposal would expand sales taxes on services, including on lobbyists. The Governor indicated that the “package” would be sent to legislators … Continue Reading
Although on August 1 we reported that a special session to address the pending “fiscal cliff” and tax reform in Louisiana was unlikely in 2024, and the deadline to get any constitutional changes on the November election ballot has passed, it appears there is growing momentum to convene a special session later this year to … Continue Reading
Bloomberg Tax In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old Chevron doctrine, which instructed courts to defer to any reasonable agency interpretation of an ambiguous law. This move has led many in the state and local tax community to consider the potential impact on state agencies authorized with administering revenue statutes. Although Loper Bright‘s exact … Continue Reading
Great analysis by my colleague, Katie Quinn, on New Jersey’s request for quotes for transfer pricing consultants. New Jersey transitioned to combined reporting, why do they anticipate a need for transfer pricing assistance moving forward? Quinn said the timing of the notice was curious because New Jersey switched to combined reporting, which requires related entities … Continue Reading
As we look towards Fall, cooler weather and the start of football season, another annual event is about to kick off – the opening of the Louisiana Parish Property tax assessment rolls. This is the time for taxpayers to meet with assessors and discuss the assessment of their moveable (personal) and immovable (real) and … Continue Reading
Last week at the NYU Intermediate Summer SALT Seminar, tax department leaders from across the country participated in a roundtable discussion, addressing topics such as department staffing, information sharing among states, and — everyone’s favorite — the fairness of retroactive legislation. My partner, Alysse McLoughlin, moderated the panel. On the topic of retroactive legislation, Amanda Hiller, the acting … Continue Reading
On July 11, 2024, the Secretary of Revenue for the State of Louisiana, Richard Nelson, briefed a joint meeting of the Louisiana House Ways and Means Committee and the Senate Revenue and Fiscal Affairs Committee on the administration’s tax proposals for a potential limited constitutional convention later this summer and the upcoming 2025 Louisiana Legislative … Continue Reading
As Louisiana heads towards a fiscal cliff, the Department of Revenue has been tasked with developing a plan to avoid the cliff and to address long called-for tax reform. Richard Nelson, Secretary of the Department of Revenue, reports that his Department is 1) reviewing approximately 200 sales tax exemptions for possible amendment, 2) reviewing the possibility … Continue Reading
For anyone interested in Louisiana property tax issues, the Louisiana Tax Commission has given notice of the dates for its annual Rules and Regulations hearings. Any interested party can submit a proposal to amend the current regulations to the Commission during this process. The Commission accepts written proposals that are presented in an open Commission … Continue Reading
Bloomberg Tax Multinational corporations have long battled the IRS and other nations’ taxing authorities over their transfer pricing arrangements. But transfer pricing examinations and disputes at the state level can be even more challenging due to a lack of consistency and transparency, particularly in states that require entities conducting a unitary business to file separate … Continue Reading
Reprinted from Tax Notes State, April 22, 2024 It’s hard to believe it’s been over five years since the Maryland Court of Special Appeals held in Staples Inc. that an out-of-state parent could be subject to tax in the state by virtue of royalty payments made by in-state related entities despite all intercompany transactions being … Continue Reading
Reprinted from Tax Notes State, April 15, 2024 To incentivize investment in clean or renewable energy, the Inflation Reduction Act of 2022 (IRA) created — and in some cases improved on existing — federal income tax credits availablemto investors in eligible clean or renewable energy projects. Some of these credits are popular, at least in … Continue Reading
Governor-elect Jeff Landry announced today appointments to the Louisiana Department of Revenue. “I am happy to make these announcements today, and I look forward to working with these highly qualified individuals,” said Governor-elect Jeff Landry. “I have confidence that their experience, knowledge, and leadership will greatly benefit our state.” Background: Richard Nelson-Secretary of the Louisiana … Continue Reading
It is time for Louisiana assessors to open their rolls for taxpayer review! Many assessors began the two-week exposure period on August 15th, but the dates vary by parish. As such, if you want to review the fair market value placed on your property by an assessor in a particular parish, you can find the open … Continue Reading
The New York State Department of Taxation and Finance has formally proposed its 2015 corporate tax reform regulations under the State Administrative Procedure Act (SAPA). The regulations have been submitted for publication in the August 9, 2023 edition of the State Register. These regulations have a long history. There were several iterations of the draft … Continue Reading
Louisiana Senate Bill 1 of the 2023 Regular Session, which provides for a phase-out of the Louisiana corporation franchise tax, has been vetoed by Governor Edwards. SB 1 by Senator Allain would have reduced the franchise tax by 25% per year, provided certain benchmarks for deposits into the Revenue Stabilization Trust Fund were met until … Continue Reading
Unless otherwise indicated, all bills noted below have been passed by the legislature and are waiting on signature or veto by the governor. Our discussion of each bill assumes the bill is or becomes law. SB1 by Senator R. L. Bret Allain, II TAX/FRANCHISE/CORPORATE: Phases-out the corporate franchise tax. SB 1 reduces the corporate franchise … Continue Reading
In Matter of Sunoco Inc. (R&M) Combined Affiliates, a Division of Tax Appeals Administrative Law Judge (ALJ) determined that Sunoco’s sale of oil pursuant to buy/sell arrangements was not a “sale” for purposes of computing Sunoco’s New York State Article 9-A sales factor. The ALJ’s determination was based upon her finding that Sunoco was exchanging the … Continue Reading
The New York Budget Bill, SB.4009/A.B.3009, introduced on Sunday includes a provision allowing the NYS Department of Taxation and Finance (“Department”) to appeal determinations of the Tax Appeals Tribunal to the New York State Appellate Division under certain circumstances. Currently, the Tax Law allows only the taxpayer to appeal determinations of the Tax Appeals Tribunal. Specifically, … Continue Reading
Governor Tate Reeves this week signed into law H.B. 549 to enact a new sales tax exemption for items manufactured in the state and exported for first use in another state, regardless of the party or means by which those goods are delivered. While Mississippi already offered a broad 48-hour vehicle export exemption and also … Continue Reading
The Mississippi House of Representatives yesterday amended S.B. 2449 to adopt comprehensive provisions regarding the sales and use taxation of remote software and related services. This amendment codifies the Department of Revenue’s existing regulation that “computer software maintained on a server located outside the state and accessible for use only via the Internet is not … Continue Reading
The Mississippi Legislature has taken up two bills this session [HB 1668 / SB 3102] intended to correct several technical issues contained in last-year’s pass-through entity (“PTE”) election legislation. See our prior coverage of the original PTE legislation here and here, as well as concerns about estimate payment penalties here. As of this date, both … Continue Reading
Jones Walker SALT partner, John Fletcher, was quoted in the article “Calif. Pork Law Fight May Guide Post-Wayfair Tax Challenges,” published by Law360 on October 14, 2022. The article covers an ongoing US Supreme Court Case regarding interstate commerce, previous tax litigation, and whether California’s importation of pork from other states violates a voter-approved initiative … Continue Reading
Addendum – Estimated Tax Payments: Just after our article went to press, we received some informal guidance from the DOR regarding estimated tax payments that presents a bit of a conundrum for those considering the PTE election. As explained below, it may be necessary to make duplicate estimated payments at both the entity and partner/member … Continue Reading
