Category Archives: Tax News

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Mississippi Moves Forward with Remote Software Sales Tax Legislation

By John Fletcher on Posted in Legislation, Tax News
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

Mississippi Legislature Takes Up Pass-Through Entity Election Technical Corrections Bill

By John Fletcher on Posted in Legislation, Tax News
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

John Fletcher Quoted in Law360 Articles Regarding Interstate Commerce and Business Input Software

By Jones Walker LLP on Posted in Judicial Decisions, Tax News
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: Mississippi Follows the National Pass-Through Entity Tax Election Trend — Start Now to Make a 2022 Tax Election

By John Fletcher on Posted in Legislation, Tax News
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

Mississippi Follows the National Pass-Through Entity Tax Election Trend — Start Now to Make a 2022 Tax Election

By John Fletcher on Posted in Legislation, Tax News
This year, a number of state legislatures considered and passed legislation that creates a pass-through entity (PTE) tax as a workaround to the $10,000 cap on the state and local tax (SALT) itemized deduction. Nearly 30 states have enacted a PTE tax. Mississippi is one of the more recent states to join the ranks. Beginning … Continue Reading

It’s That Time of Year Again! The Property Tax Rolls Will Soon Open For 2022 (2023 For Orleans Parish)

By Jay Adams on Posted in Tax News
Like that much anticipated annual visit to the doctor before school starts, it is again time for Louisiana assessors to open their rolls for taxpayer review, and hopefully no one will need any shots afterwards (but if so, make it tequila!). Many assessors begin the two-week exposure period on August 15th, but the dates vary … Continue Reading

John Fletcher Quoted in Law360 and TaxNotes on Mississippi Proposed Tax on Cloud Computing Services

By Jones Walker LLP on Posted in Jones Walker Announcements, Tax News
Jones Walker SALT partner, John Fletcher, was quoted in the Law360 article “Miss. Pulls Proposed Rule To Tax Cloud Computing Services – Law360” as well as the Tax Notes article “Mississippi Revokes Proposed Sales Tax Reg for Online Computing Services.” Referring to the Mississippi Department of Revenue’s recently withdrawn rule change that would have applied … Continue Reading

Louisiana Tax Commission Sets Dates for 2023 Rules and Regulations Sessions

By Jay Adams on Posted in Legislation, Tax News
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

Mississippi Enacts Pass-Through Entity Income Tax Election/ SALT Cap Workaround

By John Fletcher on Posted in Legislation, Tax News
Mississippi recently passed a SALT cap workaround in the form of a flow-through entity election. Consistent with the roughly 26 other states having adopted similar schemes, the Mississippi bill presents several grey areas and questions that will need to be addressed through Department of Revenue guidance or possible technical corrections. H.B. 1691, signed into law … Continue Reading

Louisiana Tax Commission Issues Statewide Advisory Regarding Severe Weather Event on March 22

By Jay Adams on Posted in Administrative Pronouncements, Legislation, Tax News
As we have written before, any property owner whose property has been damaged or rendered non-operational as a result of an emergency declared by the governor can seek a reduction in the value of their affected property even though January 1st has passed. See La. R. S. 47:1978.1. On March 23, 2022, Louisiana Governor John … Continue Reading

Louisiana Department of Revenue Updates Partnership Reporting Requirements

By Jeff Birdsong on Posted in Legislation, Tax News
In the 2021 Louisiana Regular Legislative Session, the Louisiana Legislature enacted Act 287 making wholesale changes to the Louisiana income tax reporting and audit regime for partners and partnerships.  Effective June 2021, the Act’s updated reporting obligations were made applicable to 2021 returns filed in 2022, prompting a need for guidance with respect to how … Continue Reading

Cracking the Crypto Code: New Reporting Obligations (Current Developments in the World of Blockchain and Cryptocurrency)

By Jeff Birdsong on Posted in Regulations, Tax News
As the usage of Bitcoin, Ether, and other cryptocurrencies proliferates throughout the US economy, it may seem inevitable that a comprehensive regulatory regime will sprout up around these novel assets. Thus far, the regulation has been piecemeal, primarily limited to pronouncements from the Internal Revenue Service (IRS), the Securities and Exchange Commission, and the Office … Continue Reading

Questions Submitted for Hearing on Mississippi Software Sales Tax Regulation

By John Fletcher on Posted in Legislation, Regulations, Tax News
In anticipation of the upcoming public hearing on Mississippi’s proposed amendments to its sales tax regulation on Computer Equipment, Software and Services, Jones Walker recently submitted a letter to the Mississippi Department of Revenue summarizing a wide range of questions and issues raised by the proposal.  These questions were compiled as a result of discussions … Continue Reading

Louisiana Announces a New “Transfer Pricing Managed Audit Program”

By Cami Fergus, Andre Burvant and Bill Backstrom on Posted in Administrative Pronouncements, Tax News
The Louisiana Department of Revenue (the “Department”) released Revenue Information Bulletin No. 21-029 announcing the “Louisiana Transfer Pricing Managed Audit Program.”  Beginning November 1, 2021, eligible corporations may request to participate in the program in order to resolve intercompany transfer pricing issues with the Department. Newly registered taxpayers, existing taxpayers, and taxpayers currently under audit … Continue Reading

UPDATE: Mississippi Attempts to Significantly Increase Sales and Use Taxes on Internet-Based Business Services Via Regulatory Amendment

By John Fletcher on Posted in Legislation, Regulations, Tax News
UPDATE:  In response to widespread interest in these changes, the Mississippi Department of Revenue this afternoon scheduled a public hearing on the proposed amendments.  The hearing is set for Wednesday, November 3 at 1:30. Interested parties are encouraged to identify specific questions and issues to present to the Department at the hearing. Jones Walker is … Continue Reading

Mississippi Attempts to Significantly Increase Sales and Use Taxes on Internet-Based Business Services Via Regulatory Amendment

By John Fletcher on Posted in Regulations, Tax News
On September 24, the Mississippi Department of Revenue filed a proposed amendment to its sales tax regulation on Computer Equipment, Software and Services.  This amendment appears to reverse longstanding sales and use tax policy with respect to remote internet-based computer services, and could result in a significant non-legislative tax increase on Mississippi businesses.  The notice … Continue Reading

Lafourche Parish, LA Local Sales Tax Collector Grants Local Sales Tax Filing Extensions to Certain Dealers/Taxpayers Impacted by Hurricane Ida

By Matt Mantle on Posted in Administrative Pronouncements, Tax News, Tax Procedure
In a letter recently issued to Lafourche Parish, LA sales/use taxpayers, the Lafourche Parish local sales/use tax collector Amanda Granier explains that Lafourche Parish has now granted Lafourche Parish local sales/use tax filing extensions to certain dealers/taxpayers impacted by Hurricane Ida. The Lafourche Parish sales/use tax office is now open again, but was previously closed … Continue Reading

Louisiana Department of Revenue Grants Automatic Sales Tax Return Filing Extension and Penalty Relief For Certain Eligible Businesses Impacted by Hurricane Ida

By Matt Mantle on Posted in Administrative Pronouncements, Tax News, Tax Procedure
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-027 granting an automatic state sales/use tax filing extension and corresponding penalty relief to taxpayers in certain Louisiana areas impacted by Hurricane Ida for August 2021 Louisiana state sales/use taxes that were due to be filed on or before September 20, 2021. The … Continue Reading

Louisiana Department of Revenue Issues New Revenue Information Bulletin (RIB 21-025) Addressing Many Frequently Asked Questions Relating to Hurricane Ida Disaster Recovery

By Matt Mantle on Posted in Administrative Pronouncements, Tax News, Tax Procedure
The Louisiana Department of Revenue has now issued Revenue Information Bulletin (RIB) 21-025, which addresses many frequently asked questions (FAQs) and provides informational guidance and resources to assist taxpayers located in designated parishes in their recovery efforts following the devastation to many Louisiana individuals and businesses following Hurricane Ida. The Department’s new 10-page FAQs in … Continue Reading

Louisiana Secretary of State Announces Rescheduling of Upcoming Tax Reform Vote to November 13

By Matt Mantle on Posted in Administrative Pronouncements, Legislation, Tax News, Tax Procedure
Louisiana Secretary of State Kyle Ardoin has now announced the rescheduling of the upcoming tax reform constitutional amendment votes and other Fall elections, which were to be held October 9.  The Fall elections and related tax reform votes are now scheduled to be held November 13. This change was recommended by the Secretary of State … Continue Reading

Alabama Department of Revenue Proposes Sales/Use Tax Regulations to Unify Casual Sale Rules

By Matt Mantle on Posted in Administrative Pronouncements, Regulations, Tax News
by: Walt Terry and Matt Mantle The Alabama Department of Revenue (ADOR) proposed sales/use tax regulations last month to unify the various casual sale, used, and secondhand property taxation rules into one rule.  Under Alabama law, casual or isolated sales by persons not engaged in the business of selling are not required to be reported … Continue Reading

Louisiana Tax Commission Online Appeals Portal is OPEN for the Tax Year 2021

By Jay Adams on Posted in Tax News
The Louisiana Tax Commission Online Appeals Portal is OPEN for the Tax Year 2021 (2022 Orleans Parish) on the LTC website. To file an appeal: Go to http://www.latax.state.la.us/Default.aspx Click Appeals Click File an Appeal Follow prompts and upload supporting documents. If supporting documents are a large file, please email them directly to: Malveaux@la.gov If you … Continue Reading

Property Damage Suffered as a Result of Hurricane Ida Must be Considered by Assessors into Determining the Fair Market Value

By Jay Adams on Posted in Tax News
In response to the pandemic, the Jones Walker SALT team published an article regarding La. R.S. 47:1978.1 and its mandate that property damaged, destroyed, or rendered nonoperational due to an emergency declared by the governor was subject to reassessment, including the consideration of additional obsolescence, as a result of that physical and financial damage. In … Continue Reading
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