SeeSALT BlogPillsbury attorneys Zachary T. Atkins, Breann E. Robowski, Craig A. Becker, Marc A. Simonetti, Jay E. Silberg, and Jeffrey S. Merrifield discuss the New York law raising property tax issues and how it could become a national concern in Pratt’s Energy Law Report. Read more here.
Articles Posted in New York
New York Budget Raises Tax Rates, Provides Relief to Address Pandemic
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Pillsbury partner Marc Simonetti, counsel Evan Hamme, and associates Aruna Chittiappa and William Bennett discuss tax rate changes in the New York State budget and how this looks to offer relief to industries impacted by the pandemic. 
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New York Law Raises Property Tax Issues for the U.S. Nuclear Industry
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Nuclear fuel storage facilities have been impacted by a change in New York law, which requires facilities located at permanently shut down nuclear power plants to be assessed as real property for ad valorem tax purposes, leading to potential larger, national impacts. SALT team members Zachary T. Atkins, Breann E. Robowski, Craig A. Becker, and Marc A. Simonetti team up with Pillsbury’s Energy attorneys to discuss.
Transfer Tax and Distressed Real Estate: New York and California
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Real Estate markets in major cities have taken a hit given the events of the past year. In the latest Swimming Lessons Series presentation, SALT partner Craig Becker and Real Estate partner Andrew Weiner explore the intersection of transfer tax and enforcement in New York and California. Continue Reading ›
New York Trial Court Finds State’s Attempt to Tax Storage Services Performed Entirely in New Jersey Arbitrary and Capricious
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A New York trial court held that charges for storage services rendered in New Jersey were not subject to New York sales tax despite the fact that the property was originally picked up in New York. Vital Records, Inc. v. New York State Dep’t of Taxation & Finance, No. 900088-19 (N.Y. Sup. Ct. Albany Cty. Aug. 19, 2020). The case was not heard by the New York State Division of Tax Appeals, which is the typical venue for state tax disputes. Instead, the vendor brought an action against the New York State Department of Taxation and Finance (“Department”) and its executive deputy commissioner in a New York Supreme Court (trial court) seeking declaratory, injunctive, and other relief.
Tax Executives Institute New York Chapter State and Local Tax – Summer Update Virtual Meeting
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Pillsbury SALT attorneys Marc Simonetti, Carley Roberts and Nicole Boutros will present during TEI NY’s State and Local Tax Summer Update Meeting, sponsored by Pillsbury, on August 26.
New York FY 2021 Budget Bill Decouples from CARES Act Taxpayer Relief Provisions
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On April 3, 2020, New York State enacted the 2021 fiscal year budget (Budget). The Budget contains several tax measures including decoupling from taxpayer relief provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act was signed into law on March 27, 2020 with the primary objective to provide economic relief and greater liquidity to American taxpayers facing hardship because of the COVID-19 crisis. Specifically, the Budget decouples from taxpayer favorable provisions in the CARES Act including the increase to the permitted business interest expense deduction and the beneficial NOL provisions. As a result, New York taxpayers will not receive the benefit of the CARES Act relief provisions for New York tax purposes. Continue Reading ›
New York Appellate Division Rejects Retroactive Application of Tax Law
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On December 26, 2019, the New York State Supreme Court Appellate Division issued a strong rebuke to retroactivity by holding that a law with a 97-day retroactivity period violated the taxpayer’s Due Process rights. Matter of Mackenzie Hughes LLP et al. v. New York State Tax Appeals Trib. The Supreme Court Appellate Division, Third Department—New York’s intermediate appellate court—held the taxpayer’s Due Process rights were violated because: 1) the retroactive application of the law did not serve a public purpose; 2) the taxpayer did not have adequate forewarning of the law change; and 3) the application of the law represented a 97-day retroactivity period.
Navigating Local Labyrinths: Practitioners’ Guide to Local Taxes
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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.
TEI New York Chapter’s 56th Annual Tax Symposium
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Tax Executives Institute’s New York Chapter presents its 56th Annual Tax Symposium on December 12! The Symposium offers three concurrent technical tax sessions for Federal, State and Local and International Taxes with a wide range of important topics and great speakers. The State and Local Tax session will feature a New York Update Session with Michael Schmidt, New York State Commissioner – Department of Taxation and Finance and Deborah Liebman, Deputy Counsel, New York State DTF. In addition, acting Director, Division of Taxation, John Ficara will be joining for a New Jersey Tax Reform 2019 Edition discussion.
Pillsbury SALT partner Marc Simonetti will present “The State of State and Local Tax: Developments and Trends” as a part of the State and Local Tax session from 4:00pm-5:00pm ET.
For more information and to register, please visit the event page.