On May 15, 2015, the New York State Department of Taxation and Finance released Advisory Opinion TSB-A-15(2)S which concluded that sales of certain cloud computing services are not subject to New York State sales and use tax. The Advisory Opinion is noteworthy because of the Department’s position on the taxability…
On March 10, 2015, the New Jersey Division of Taxation issued Technical Advisory Memorandum TAM-2015-1, explaining its policy regarding convertible virtual currency. The IRS has held that convertible virtual currency (CVC), such as Bitcoin, is treated as property for U.S. federal income tax purposes. Consequently, transactions involving CVC are treated…
On March 3, 2015, the United States Supreme Court overturned the Tenth Circuit Court of Appeals’ decision in Direct Marketing Association v. Brohl. The Supreme Court held that the Tax Injunction Act (TIA), which bars federal courts from restraining the assessment, levy, or collection of state taxes, did not divest…
New York’s corporate tax reform includes sweeping changes affecting nearly every aspect of its corporation franchise tax. Although some taxpayers won’t feel the brunt of the changes until filing their 2015 tax returns in 2016, there are six decisions that should be made now. This article does not address imminent…
On December 5, 2014, the New York State Department of Taxation and Finance issued TSB-M-14(5)C, (7)I, (17)S, explaining its policy regarding convertible virtual currency. The IRS has held that convertible virtual currency (CVC), such as bitcoin, is treated as property for U.S. federal income tax purposes. Consequently, transactions involving CVC…
In 926 North Ardmore Avenue, LLC v. County of Los Angeles, the 2nd District Court of Appeal held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterized as “realty sold,” resulting in the imposition of realty transfer taxes under the California Documentary…
As part of a sweeping law change, New York will require taxpayers to use a water’s-edge combined reporting method when filing corporate income tax returns beginning January 1, 2015. Continue Reading ›
On July 1, 2014, the United States Supreme Court agreed to review the 10th Circuit Court of Appeals decision in Direct Marketing Association v. Brohl.1 The Court of Appeals held that federal courts lack jurisdiction under the Tax Injunction Act (TIA) to address Direct Marketing Association’s (DMA) challenge to Colorado’s…
On June 3, 2014, in a published decision, the California Court of Appeal for the Second Appellate District affirmed the Superior Court ruling in Ocean Avenue LLC v. County of Los Angeles, holding that even though 100 percent of an entity was sold, a reassessable change in ownership of the…
A New York state corporate franchise tax audit is almost as frustrating as participating in a coin toss with a one-sided coin. It seems like taxpayers cannot win. New York state auditors forcibly combine taxpayers that have filed separate returns and decombine taxpayers that have filed combined returns. Auditors also…