TAKEAWAYS New legislation sets California’s sales and use tax economic nexus threshold to $500,000. New legislation creates Marketplace Facilitator Act, statutorily defining marketplace facilitators as retailers and sellers. On April 25, 2019, California enacted comprehensive marketplace facilitator legislation. Many said last fall this would be an impossible feat given the…
Articles Posted in States
California Business Tax May Provide High Court Nexus Test
(This article was originally published by Law360 on April 16, 2019.) In recent years, many have openly criticized California for its income tax litigating position involving out-of-state companies that hold passive, minority interests in pass-through entities doing business in California. The state argues these out-of-state companies are doing business in California…
“California Law: The Case of the Overburdened Taxpayer”
On March 26, Carley Roberts presents “California Law: The Case of the Overburdened Taxpayer” at the CalTax 93rd Annual Meeting in Sacramento.
Taxpayers Benefit from Courts Declining Agency Deference
(This article was originally published by Law360 on March 18, 2019.) When challenging a state tax assessment outside the tax agency that issued the assessment, taxpayers face a variety of obstacles. One is the presumption of correctness that often attaches to a tax agency’s determination. Judicial deference to a tax…
Commerce Clause Decisions Open Door for TCJA-Related Challenges
Three years ago, the U.S. Supreme Court invalidated a portion of Maryland’s personal income tax scheme on grounds that it violated the dormant commerce clause of the U.S. Constitution. In Comptroller of the Treasury of Maryland v Wynne, the Court held that Maryland’s credit mechanism for income taxes paid to…
State Income Tax Issues
Pillsbury attorneys speak on a number of tax-related issues at the TEI Mergers & Acquisitions Seminar on March 7. Topics include Corporate, Sales/Use Tax, State Income Tax, Federal Income Tax, Property/Transfer Taxes, Regulatory, and Employment and Labor.
“The State of State and Local Taxes”
Pillsbury partners Annie Huang and Carley Roberts discuss “The State of State and Local Taxes” at Tax Executives Institute’s New York State and Local Chapter Meeting on March 5.
“State Tax Updates and What’s in Store for 2019”
Nicole Boutros presents “State Tax Updates and What’s in Store for 2019” during Tax Executives Institute’s Fort Worth Chapter Luncheon on February 27.
The Upland Ripple Effect: A California Supermajority Tax Showdown
Despite the narrow issue it originally addressed, the August 2017 decision by the California Supreme Court in California Cannabis Coal. v. City of Upland has sparked a much larger debate regarding whether local special taxes introduced by voter initiative are subject to the long-standing requirement in the California Constitution that…
“Income Tax – TCJA and Other SALT Matters”
On February 8, Jeffrey Vesely presents “Income Tax – TCJA and Other SALT Matters” during Tax Executives Institute’s New England Chapter Meeting.