In addition to the COVID-19 pandemic relief federal and state authorities have provided to taxpayers in the form of delayed tax return filing and payment deadlines (see Pillsbury’s 3/21/20 Legal Alert co-authored by Carley and Mike, among others), San Francisco has also issued some relief in connection with its core local business taxes, including its Gross Receipts Tax, Payroll Expense Tax, Commercial Rents Tax and Homelessness Gross Receipts Tax, or collectively the “San Francisco Local Business Taxes.”
The California Office of Tax Appeals will hold an informal interested parties meeting on April 3, 2020, to discuss proposed amendments to its rules for tax appeals. The proposed amendments are in response to feedback from public and internal parties after the OTA began operating under its permanent rules for tax appeals since January 2019.
One of the proposed amendments addresses the process to request a closed hearing when a CPA firm represents its attest client. The proposed amendment states the OTA “a closed hearing shall generally be granted” when a taxpayer provides a statement from the CPA firm and the taxpayer, signed under penalty of perjury by both parties, affirming: (1) the taxpayer is a current attest client of the CPA firm; (2) the taxpayer wants to be represented by the CPA firm at the oral hearing before OTA; (3) the taxpayer would like a closed hearing; and (4) the CPA firm affirms that it cannot represent the client unless the oral hearing is closed. When a request for a closed hearing is granted, the reason for the closed hearing, along with the names of the taxpayer and the representatives, will be noted on the hearing agenda. The proposed amendments do not address whether the briefing, hearing transcript, or opinion related to a closed hearing under such circumstances will be available to the public.
SeeSALT attorneys Carley Roberts & Mike Le partnered with their Pillsbury tax colleagues Nora Burke & Hannah Hollingsworth to detail the impact of COVID-19 on the IRS and States Extended Tax Payment Deadlines.
Takeaways of the recent article include:
- The IRS announced that individuals and businesses may defer both federal income tax payments and filings due April 15 until July 15, without any cap on tax liability.
- California updated its tax extension to follow the IRS’s extension.
- Many other states are starting to align with the IRS’s extension or have announced other tax relief.
For the full article, please click here.
(This article originally was published by Law360 on January 16, 2020.)
The saga continues in Arizona v. California, Arizona’s U.S. Supreme Court challenge of California’s tax reach, but signs are strong it may be ending soon.
Last year, Arizona filed a motion to the court seeking to file a complaint against California under the court’s original and exclusive jurisdiction over controversies between states.1 Arizona contends California assesses and enforces its doing business tax (i.e., an $800 annual and minimum tax imposed on businesses doing business in the state) so expansively that it unconstitutionally “reaches out-of-state companies that do not conduct any actual business in California, and indeed have no connection to the state except for purely passive investment in California companies.”2
CPA and former Big 4 associate, Afshin Khazaeli joins Pillsbury SALT!
Afshin advises clients on a variety of state and local tax matters, including controversy, planning, and audit defense, across all state and local tax types, including sales and use, income, franchise, and property tax. Pillsbury SALT is thrilled to welcome him to our award-winning team. Afshin is based in Pillsbury’s Sacramento office.
5 Questions with Afshin
- Who inspires you?
I’m inspired by my father and his relentlessness.
- What drew you to the law?
I love being a trusted advocate for my clients.
- What aspect of State and Local Tax law do you find most interesting?
State and local tax is constantly changing, evolving and adapting.
- What has been your most challenging or rewarding case?
Each case has been uniquely challenging, and the most rewarding cases are when I help my clients achieve unexpectedly great results.
- What is your go-to comfort food?
Persian food! Reminds me of my mother’s cooking and being back at home.
Welcome to Pillsbury SALT, Afshin!
In this article, Carley Roberts and co-authors discuss some of the more significant locally imposed taxes that could cause unexpected issues for businesses entering a new jurisdiction. They highlight Chicago Personal Property Lease Transaction Tax, San Francisco local taxes, New York City commercial rent tax, New Jersey local property tax, Jersey City payroll tax, New Jersey income tax credits, and Tennessee business tax.
To read the article, please click here.
Pillsbury SALT was proud to present TEI/IPT Silicon Valley’s State and Local Tax Day & IPT Joint Meeting on December 5! The team presented a 3/4-day seminar that focused on topics related to the State and Local Tax implications of the Tax Cuts and Jobs Act, the U.S. Supreme Court’s decision in Wayfair, and other hot topics in state and local taxation.
Pillsbury has earned a total of 154 national and regional practice rankings in the latest U.S. News – Best Lawyers 2020 Best Law Firms survey.
The Tax team’s rankings include:
- National, Tier 1 in Litigation – Tax and Tax Law
- Miami, Tier 1 in Tax Law
- New York City, Tier 3 in Tax Law
- San Francisco, Tier 1 in Litigation – Tax and Tax Law
To view Pillsbury’s complete list of practice rankings, click here.
The U.S. News – Best Lawyers Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the ﬁeld, and review of additional information provided by law ﬁrms as part of the formal submission process. To be eligible for a 2020 ranking, a law ﬁrm must have at least one lawyer recognized in the 25th Edition of The Best Lawyers in America list for that particular location and specialty.
Pillsbury SALT attorneys Carley Roberts, Robert P. Merten III and Mike Le co-authored “Sunny State Shade: Arizona’s Objection to California’s Tax Reach” in a recent edition of SeeSALT Digest, by Tax Notes State. In this article, Carley, Robert and Mike evaluate and provide an update on Arizona’s judicial objection to the reach of California’s tax imposition on out-of-state companies whose only connection to California is a passive investment interest.
To read the article, please click here.
The California Department of Tax and Fee Administration held an Interested Parties Meeting to address proposed regulation 1684.5 on marketplace sales. The proposed regulation defines terms used in the Marketplace Facilitator Act (added by AB 147), explains the registration requirements for marketplace facilitators and marketplace sellers, clarifies when a marketplace facilitator is the seller and retailer, and provides election procedures for a delivery network company to be deemed a marketplace facilitator. After the comment period closes on October 30, the Department will decide whether to proceed with formal rulemaking as authorized by the Marketplace Facilitator Act. The Department also has the authority to adopt emergency regulations through June 2020, which, if adopted, will remain in effect for two years.
The Department’s discussion paper can be found here.