Tag Archives: Matt Mantle

Mississippi Court Finds State Income Tax Dividend Exclusion Statute Unconstitutional

The Hinds County Chancery Court on March 20th invalidated the nexus-based restrictions contained within Mississippi’s dividend exclusion statute, finding the provisions violated the Commerce Clause. A copy of the Court’s Order can be found here. The Mississippi Department of Revenue and the taxpayer, AT&T, had stipulated that the statute, Miss. Code Section 27-7-15(4)(i), exempts from a … Continue Reading

2015 Louisiana Tax Study Recommendations Presented to Louisiana Legislature Today

The 2015 Louisiana Tax Study Group, which was commissioned by the Louisiana Legislature and led by Dr. Jim Richardson, finally presented its much-anticipated report and recommendations today in a joint meeting before the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs. The executive summary of the 2015 Louisiana Tax … Continue Reading

Bill Backstrom and Jay Adams Quoted in Law360 Article Entitled “Attorneys React To Supreme Court ‘Amazon Tax’ Ruling”

Bill Backstrom and Jay Adams were quoted in yesterday’s Law360 article entitled Attorneys React To Supreme Court ‘Amazon Tax’ Ruling.  In the article, Bill, head of Jones Walker’s Tax & Estates Practice Group and a partner in the firm’s New Orleans office, and Jay, a senior partner in Jones Walker’s New Orleans office, shared their thoughts … Continue Reading

Louisiana Governor Offers His Recipe for State Revenue Woes: Alter Refundable Tax Credits

Louisiana Governor Bobby Jindal today unveiled to lawmakers his new budget proposal for the next fiscal year. As was anticipated, Governor Jindal’s “recipe” for Louisiana’s current revenue and budget woes is, in part, to alter some of the state’s various refundable tax credit programs.  These proposed changes are being suggested by the Governor to help plug a … Continue Reading

Jay Adams Discusses New “Local” Louisiana Board of Tax Appeals and Possible Procedural Traps

In the above video, Jones Walker SALT partner Jay Adams explains a few highlights from recent Louisiana legislation regarding the new “local” Board of Tax Appeals (BTA) available to taxpayers for matters involving local sales/use tax assessments and refund claims, as well as possible new traps for taxpayers relating to appeals of local sales/use tax refund … Continue Reading

Louisiana Supreme Court Flushes Court of Appeal’s Pot-O-Gold Decision and Limits Scope of “Gross Proceeds” in Lease Tax Case

In our prior post on the case of Pot-O-Gold Rentals, LLC  v. City of Baton Rouge, we noted that we were hoping the Louisiana Supreme Court would hear this case in order to “clean up the mess” regarding the reach of the Louisiana lease tax and the scope of taxable “gross proceeds” (a term which … Continue Reading

Remember to File Your BTA Petitions Before January 1, 2015 For Older “Deemed Denied” Louisiana Local Sales and Use Tax Refund Claims!

ACTION ITEM: Importantly, with regard to all older local sales/use tax refund claims filed on or before July 4, 2013, where the local collector has failed to act on the claim, those pending refund claims must be appealed to the BTA before January 1, 2015. As we noted in a prior post, the Louisiana legislature … Continue Reading

Louisiana Tax Amnesty 2014 – Don’t Throw the Baby Out With the Bath Water

Louisiana tax amnesty is back again! Louisiana Tax Amnesty 2014 began today, October 15, 2014, and will be held through November 14, 2014.  This year’s 30-day tax amnesty program offers taxpayers the opportunity to settle tax matters with the Louisiana Department of Revenue by paying 100% of the delinquent taxes.  In return, the Department will … Continue Reading

A New Pot-O-Gold? Louisiana First Circuit Tries to Expand Scope of “Gross Proceeds” in Louisiana Lease Tax Case

Well, I guess in these leaner economic times state and local tax collectors are willing to look for “gold” anywhere! On September 17, 2014, the Louisiana First Circuit Court of Appeal held in the case of Pot-O-Gold Rentals, LLC  v. City of Baton Rouge that a taxpayer’s waste removal services were taxable as part of … Continue Reading

Louisiana Adds More SALT to the Louisiana Legal Gumbo: Tax Fraud and Economic Substance Doctrine Discussed at Louisiana’s Highest Court

Something new has been cooking in the Louisiana tax law kitchen! The Louisiana Supreme Court was recently asked to entertain the separate ideas of fraud and, for the first time, the economic substance doctrine in deciding a tax case in the State.  Louisiana is certainly used to heat (as can be seen by its food … Continue Reading
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