Tag Archives: Apportionment

South Carolina Legislature Reinforces Separate Reporting Regime, Slapping Department on the Wrist

Last week, South Carolina Governor McMaster signed into law Act No. 113 in a much needed reproach to the Department of Revenue’s aggressive attempts to undermine the state’s separate reporting regime for apportioning corporate income. While the law creates a new paradigm for how and in what manner the state or taxpayer may obtain alternative … Continue Reading

Equifax Rises from Its Grave; Will the Mississippi Supreme Court Finally Bury this Procedural Monster for Good?

Mississippi Taxpayers should keep a very close eye on the Toolpushers Supply sales tax case just granted certiorari by the Mississippi Supreme Court.  This case addresses important sales tax issues related to wholesale sales and the extent to which a seller must audit its purchaser’s downstream use of the goods on purported resale transactions.  More … Continue Reading

New York ALJ Narrows the Definition of “Sale” for Apportionment Purposes

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

Jeffrey Birdsong presents to the New Orleans Chapter of the Association of Legal Administrators (ALA)

Jeffrey Birdsong, an associate on the state and local tax team, presented to the New Orleans Chapter of the Association of Legal Administrators (ALA) on July 21. Jeff’s presentation, “State and Local Tax Issues Related to Remote Work in Other States,” covered the state and local tax issues that law firms with employees working remotely in other … Continue Reading

Jones Walker Tax Team Members to Speak at NYU Summer Institute in Taxation

Jones Walker LLP Tax Team members Bill Backstrom and Hugh Seligman will speak at the NYU 2017 Summer Institute in Taxation Conference July 17-28, 2017. Bill will speak on corporate and other business activity taxes including allocation and apportionment, UDITPA, return filings, NOLs, and credits. Hugh’s session entitled “Post-Mortem Income Tax Planning for Closely-Held Companies” … Continue Reading

A “Quest” for Certainty—Court of Appeal Affirms Louisiana Was a “Location-of-Performance” State All Along

In Quest Diagnostics Clinical Laboratories, Inc. v. T.A. “Tim” Barfield, Jr., Secretary, Department of Revenue, State of Louisiana; and the State of Louisiana, Louisiana Court of Appeal, First Circuit, Docket No. 2015-CA-0926 (September 9, 2016), the Louisiana Court of Appeal, First Circuit recently confirmed that Louisiana was a “location-of-performance” state when sourcing service-based receipts for corporate income … Continue Reading
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