Welcome to the latest issue of New York Tax Insights. In this issue we cover:
• Our annual review of the developments we considered the Top 10 New York tax highlights in the past year (on page 1).
•Three separate ALJ...more
FEDERAL JUDGE DISMISSES NEW YORK STATE LAWSUIT CHALLENGING $10,000 SALT DEDUCTION CAP -
A federal district court judge has dismissed a suit brought by New York State (together with Connecticut, New Jersey, and Maryland)...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..A recent ALJ decision holding that a vacation home owned by a New Jersey domiciliary and located in upstate New York, hundreds of miles from...more
TRIBUNAL AFFIRMS DECISION SOURCING “OTHER BUSINESS RECEIPTS” TO WHERE THE WORK WAS PERFORMED -
After three non-precedential Administrative Law Judge decisions—and well after the statute in question has been replaced by new...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..The New York State Department of Taxation and Finance’s release of revisions to its draft business corporate franchise tax regulations for...more
8/6/2019
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Business Taxes ,
Corporate Taxes ,
Domicile ,
Franchise Taxes ,
Income Taxes ,
Local Taxes ,
Sales & Use Tax ,
State Taxes ,
Tax Reform ,
Tax Tribunal
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..A Third Department decision denying deductibility of insurance premiums paid to a captive insurance company, upholding the decision of the New...more
NEW YORK STATE 2019-20 BUDGET BILL ENACTED -
As we went to press, the New York State Legislature passed the New York State Budget Bill for 2019-20, containing several new and important tax provisions. S. 1509-C/A. 2009-C....more
NYS TRIBUNAL REVERSES ALJ AND HOLDS THAT BOND RATING AGENCY IS ENTITLED TO REFUND OF SALES TAX -
The New York State Tax Appeals Tribunal reversed the determination of an Administrative Law Judge and held that a securities...more
TRIBUNAL REMANDS $100 MILLION SALES TAX REFUND CASE TO ALJ -
After the New York State Appellate Division reversed the Tax Appeals Tribunal’s earlier decision denying a sales tax refund of over $100 million, the Tax...more
2018–19 NEW YORK STATE EXECUTIVE BUDGET RELEASED -
New York State Governor Andrew M. Cuomo has released the New York State 2018-2019 Executive Budget, containing several potentially significant tax proposals. They include...more
Appellate Court Holds That Furnishing of Pricing Information Is Not a Taxable Information Service -
The Appellate Division has issued a potentially important decision regarding the sales tax exclusion for information...more
Securities Rating Agency Not Entitled to Refund of Erroneously Remitted Sales Tax -
A New York State Administrative Law Judge upheld the denial of a securities rating agency’s request for a refund of sales tax, holding...more
Tribunal Reverses ALJ and Holds that Department Impermissibly Discriminated Against Foreign Unauthorized Insurance Corporations -
In an issue of first impression in New York, the New York State Tax Appeals Tribunal has...more
Appellate Division Reverses Tribunal and Remits Case for Consideration of Sales Tax Refunds -
The New York State Appellate Division, in a strongly worded opinion, reversed the decision of the Tax Appeals Tribunal denying...more
Our August 2017 issue of New York Tax Insights covers these recent developments:
Sale of Security Services to Property Manager for NYC Housing Authority Held Exempt from Sales Tax -
The sale of security services by a...more
ALJ Holds that Executive Changed His Domicile to Paris and Was Not a New York Resident -
A New York State Administrative Law Judge has held that an individual who retired as chief financial officer of Colgate-Palmolive...more
Final 2017-18 New York State Budget Bill Enacted -
The New York State Budget Bill was enacted by the New York State Legislature and signed into law by Governor Andrew M. Cuomo. S. 2009-C, A. 3009-C. Among the Governor’s...more
5/8/2017
/ Administrative Law Judge (ALJ) ,
Cell Phones ,
Co-Op ,
Income Taxes ,
Investment Tax Credits ,
Mobile Services ,
Realty Transfer Taxes ,
REIT ,
Resales Agreements ,
Restitution ,
RICs ,
S-Corporation ,
Sales Tax ,
State Budgets ,
Tax Credits ,
Tax Fraud ,
Telecommunications
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
4/4/2017
/ Administrative Law Judge (ALJ) ,
Banking Sector ,
CEOs ,
Domicile ,
ESOP ,
Governor Cuomo ,
Income Taxes ,
Nexus ,
Personally Identifiable Information ,
Real Estate Market ,
State Taxes ,
Tribunals
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
Governor Cuomo Releases 2017-18 New York State Executive Budget -
New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget, containing an assortment of potentially important tax proposals,...more
2/3/2017
/ Administrative Law Judge (ALJ) ,
Corporate Restructuring ,
Governor Cuomo ,
Income Taxes ,
Internet ,
Realty Transfer Taxes ,
S-Corporation ,
Sales Tax ,
Tax Credits ,
Tax Loopholes ,
Utility Tax
The Top 10 New York Tax Highlights of 2016 -
It’s the New Year, and before we begin afresh, we look back at this past year with our list of the Top 10 New York tax highlights of 2016.
1. The New York State Tax...more
1/11/2017
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Broker-Dealer ,
Corporate Taxes ,
Deductibles ,
HMOs ,
S-Corporation ,
Sales Tax ,
State Taxes ,
Subsidiaries ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal ,
Transfer Taxes
NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors -
The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more
ALJ Permits Only Minimum Penalties for Failure to File Information Returns -
A New York State Administrative Law Judge has rejected the maximum penalties imposed by the Department of Taxation and Finance on an...more
11/4/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Fiber Optic Cables ,
Hotels ,
Income Taxes ,
Penalties ,
Property Tax ,
Sales & Use Tax ,
Spouses ,
State Taxes ,
Wine & Alcohol
Recent unpublished NYC Department of Finance Letter Rulings -
We have obtained under the Freedom of Information Law several Finance Letter Rulings of interest, most involving the New York City real property transfer tax,...more
ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company -
A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more
8/5/2016
/ Administrative Law Judge (ALJ) ,
Anti-Avoidance ,
Business Partners ,
Business Taxes ,
Corporate Taxes ,
Franchise Taxes ,
Income Taxes ,
Investment Adviser ,
IP License ,
Limited Liability Company (LLC) ,
Management Fees ,
Members ,
Oil & Gas ,
Personal Liability ,
Retailers ,
Royalties ,
Sales Tax ,
State Taxes ,
Statute of Limitations ,
Tax Returns ,
Tax Tribunal ,
Tribunals ,
Unincorporated Business Tax (UBT) ,
Whole Foods