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The American Catalog Mailers Association (ACMA), which describes itself as the nation’s leading industry trade association advocating for catalog, online, direct mail, and other remote-selling merchants and their suppliers, has filed suit against the California Franchise Tax Board (FTB) in the San Francisco County Superior Court of California.

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ACMA’s complaint seeks a judicial declaration that the FTB’s 2022 publicly-issued guidance related to Public Law 86-272 (PL 86-272) – specifically, Technical Advice Memorandum (TAM) 2022-01 and FTB Publication 1050 – are invalid because (1) they contradict PL 86-272 and the U.S. Constitution; and (2) the FTB did not properly follow the California Administrative Procedure Act’s required rulemaking process before publishing such guidance.  In the alternative, ACMA seeks a judicial declaration that the FTB’s new guidance applies on a prospective basis only.  ACMA also seeks attorney’s fees and costs of suit for bringing the action to enforce an important right affecting the public interest.

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Pillsbury SALT attorney Zachary Atkins will be presenting at the 29th Annual Paul J. Hartman State and Local Tax Forum on October 21. hartman-300x101

Zachary is partnering with Richard Cram (Multistate Tax Commission) and Joe Garrett (Deloitte Tax LLP) to present on the topic, “Market Sourcing and Factor Presence Nexus Trends.” The speakers in this session will discuss trends regarding states’ adoption of market-based sourcing of services and factor presence nexus standards, constitutional issues raised by those trends, as well as P.L. 86-272 concerns.

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The Pennsylvania Governor signed H.B. 1342 to enact changes to the state’s corporate income tax.[1]  Pennsylvania-PA-State-SealThe legislation modifies the corporate income tax in three ways: (1) adopts a bright-line economic nexus standard; (2) adopts market sourcing for receipts from intangibles; and (3) reduces the corporate tax rate and gradually continues to reduce the rate over the next eight years. Continue Reading ›

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Our federal tax colleagues analyzed the corporate tax provisions in the Inflation Reduction Act, including the 15-percent minimum tax on corporations and the excise tax on stock buybacks.

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Read More: Inflation Reduction Act of 2022 Includes New Corporate Tax Provisions (pillsburylaw.com)