The BR State + Local Tax Spotlight: May 2021
Note from the Editors
Welcome to the May 2021 edition of our new publication, The BR State + Local Tax Spotlight. We understand the unique demands of staying on top of important State + Local Tax developments, which happen frequently and across numerous jurisdictions. Staying updated on significant legislative developments and judicial decisions helps tax departments function more efficiently and improves strategy and planning. That is where The BR State + Local Tax Spotlight can help. In each edition, we will highlight for you important State + Local Tax developments that could impact your business. In this issue, we will be covering:
- Georgia’s recent legislation prohibiting state court and tax tribunal deference to the state Department of Revenue’s interpretation of tax laws;
- Florida’s recent legislation that imposes sales and use tax collection obligations on remote sellers and requirements on so-called marketplace providers;
- New York’s recent legislation enacting changes to the liability provisions of the state’s real estate transfer tax; and
- A recent Ohio Board of Tax Appeals decision that addresses the sourcing of NASCAR’s broadcast and media revenues.
We invite you to share The BR State + Local Tax Spotlight with your colleagues and visit Blank Rome’s State + Local Tax webpage for more information about our team. Click here to add State + Local Tax to your subscription preferences.
— Matthew F. Cammarata and Eugene J. Gibilaro
ARTICLES
Georgia Says Goodbye to Administrative Deference
By Matthew F. Cammarata
Effective April 29, 2021, Georgia courts and the Georgia Tax Tribunal are prohibited from granting any deference to the Georgia Department of Revenue’s interpretation of the tax law, unless that interpretation has been formally adopted as a rule under the Georgia Administrative Procedure Act (“APA”). S.B. 185, 2021 Leg., Reg. Sess. (Ga. 2021). Read More »
Florida Enacts Remote Seller Nexus and Marketplace Provider Laws
By Eugene J. Gibilaro
On April 19, 2021, Florida joined a growing number of states in enacting legislation imposing sales and use tax collection obligations on remote sellers lacking a physical presence in the state and requiring so-called marketplace providers to collect and remit sales and use tax with respect to taxable sales that they facilitate through a marketplace. S.B. 50, 2021 Leg., 2021 Sess. (Fla. 2021). Read More »
New York Enacts Changes to Liability Provisions of New York Real Estate Transfer Tax
By Kara M. Kraman
On April 7, 2021, the New York State Legislature passed the New York Budget Bill for fiscal year 2022 which was signed by Governor Andrew Cuomo on April 19, 2021 (the “Budget Bill”). S.B. S2509C, 2021 Leg., 2021 Reg. Sess. (N.Y. 2021). The Budget Bill enacted two notable changes to the liability provisions of the New York State real estate transfer tax. Read More »
Ohio Appeals Board Upholds Audience-Based Sourcing for NASCAR Broadcast Revenue
By Irwin M. Slomka
The application of market state sourcing to income from intellectual property continues to be a vexing problem in many states. The Ohio commercial activity tax (“CAT”) sourcing statute is no exception, as evidenced by a recent Ohio Board of Tax Appeals (“Board”) decision involving the sourcing of NASCAR’s broadcast and media revenues. Read More »
WHAT’S SHAKING: BLANK ROME STATE + LOCAL TAX ROUNDUP
Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys believe it is necessary to educate and inform their clients and contacts about topics that will impact their businesses. We invite you to attend, listen, and learn as our State + Local Tax attorneys interpret and discuss key legal issues companies are facing and how you can put together a plan of action to mitigate risk and advance your business in accordance with state and local tax laws. Read More »