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
The New York State Department of Taxation and Finance has made several significant revisions to its draft corporate income tax regulation for the sourcing of receipts from other services and other business activities. Draft...more
The New York State Legislature has passed, and New York Governor Cuomo has now signed, legislation which provides for the exclusion of 95% of a corporation’s gross global intangible low-taxed income (“GILTI”) from its New...more
2019-20 NYS BUDGET ENACTED, INCLUDING REAL ESTATE TRANSFER TAX INCREASES -
On April 12, 2019, Governor Andrew M. Cuomo signed into law the New York State Budget Bill for the State’s 2019-20 fiscal year, which began on April...more
5/8/2019
/ Constitutional Challenges ,
Corporate Taxes ,
Income Taxes ,
Local Taxes ,
Popular ,
Real Estate Market ,
Real Estate Transfers ,
Sales Tax ,
State Taxes ,
Tax Rates ,
Tax Tribunal ,
Transfer Taxes
On January 15, 2019, New York State Governor Andrew M. Cuomo released his 2019-20 Executive Budget. It contains several potentially important tax proposals, including the following...more
THE TOP 10 NEW YORK TAX HIGHLIGHTS OF 2018 -
Once again, we present our annual list of what we considered the Top 10 New York tax highlights of 2018.
1. Court of Appeals Agrees to Hear Tax Department’s Appeal Involving...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
CITY UTILITY TAX NOT APPLICABLE TO FIXED CHARGES RELATED TO LONG-DISTANCE TELEPHONE SERVICES -
The New York City Tax Appeals Tribunal upheld an Administrative Law Judge determination that income from fixed charges that...more
Appellate Division Holds That NYS Tax Department Properly Withheld Documents Requested Under FOIL -
In a unanimous decision, the Appellate Division affirmed a decision of the Supreme Court, Albany County, which had...more
ALJ holds NYS Real Estate Transfer Tax Cannot Be Imposed on Sale of 45% Membership Interest in LLC -
In an issue of first impression under the New York State real estate transfer tax, a New York State Administrative Law...more
7/7/2016
/ Administrative Law Judge (ALJ) ,
Admissions ,
Corporate Taxes ,
Data Mining ,
HMOs ,
Income Apportionment ,
Insurance Industry ,
Limited Liability Company (LLC) ,
Real Estate Transfers ,
State Tax Tribunals ,
Tax Appeals ,
Tax Commissions ,
Tax Court ,
Transfer Taxes ,
Tribunals
Retroactive Application Of 2010 Statutory Amendment Permitted By Tribunal -
Reversing the decision of an Administrative Law Judge, the New York State Tax Appeals Tribunal has upheld the constitutionality of retroactively...more
5/5/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Corporate Taxes ,
Estate Tax ,
Net Operating Losses ,
Retroactive Application ,
Sales Tax ,
State Budgets ,
State Tax Tribunals ,
Tax Appeals ,
Tax Court ,
Tax Reform
State Tax Department Releases New Draft Article 9-A Combined Reporting Regulations -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax...more
2/8/2016
/ Article 9 ,
Combined Reporting ,
Corporate Taxes ,
Lease Tax ,
Net Investment Income ,
Safe Harbors ,
Sales Tax ,
State Budgets ,
State Taxes ,
Tax Deductions ,
Tax Reform ,
Tax Refunds
State Tax Department Releases Draft Article 9-A Nexus Regulations Under Corporate Tax Reform -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise...more
10/5/2015
/ Audits ,
Burden of Proof ,
Collateral Estoppel ,
Comment Period ,
Corporate Taxes ,
Dividends ,
Economic Presence Nexus ,
Hotels ,
Income Taxes ,
Limited Liability Company (LLC) ,
Nexus ,
Partnerships ,
Penalties ,
Proposed Amendments ,
Resale Exemption ,
Responsible Corporate Officer Doctrine ,
Responsible Person Liability ,
Sales & Use Tax ,
Sales Tax ,
State Tax Tribunals ,
Stipulations ,
Tax Appeals ,
Tax Credits ,
Tax Fraud ,
Tax Reform ,
Tax Returns
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities -
Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
8/14/2015
/ Attorney's Fees ,
Capital Markets ,
Charitable Organizations ,
Corporate Taxes ,
Electricity ,
FOIA ,
Investment Funds ,
Mobile Devices ,
New Guidance ,
Nuclear Power ,
Parking Lots ,
Property Tax ,
Remand ,
Renewable Energy ,
Revocation ,
Sales & Use Tax ,
Tax Appeals ,
Tax Court ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal
In This Issue:
- Important Changes at NYS and NYC Tax Agencies
- Court of Appeals Upholds Constitutionality of Taxing Nonresidents on Gain from S Corporation Stock Sale in Two Separate Decisions
- NYC Tribunal...more
7/15/2015
/ Business Taxes ,
Corporate Taxes ,
Foreign Banks ,
Income Taxes ,
Intangible Property ,
Investment Adviser ,
Limited Liability Company (LLC) ,
Management Fees ,
Real Estate Transfers ,
S-Corporation ,
Sales & Use Tax ,
Shareholders ,
Stocks ,
Tax Appeals ,
Tax Liability
In This Issue:
- Governor Cuomo Releases 2015-16 Executive Budget, Including New York City Corporate Tax Reform
- New Commissioner of Taxation and Finance
- ALJ Holds That Husband Changed His Domicile to...more
In This Issue:
- The Top 10 New York Tax Highlights of 2014
- Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel
- Court of Appeals Holds City Transfer Tax Does Not...more
In This Issue:
- ALJ Rejects New York City’s Attempt to Forcibly Combine Bank and Its Non-New York City Mortgage Subsidiary
- Tribunal Amends Decision Upholding Disallowance of Nonresident Partner’s Loss from...more
In This Issue:
- Court Orders Department of Finance to Release Corporate Tax Return Records to City Comptroller
- ALJ Upholds State Tax Department Policy on Personal Liability of LLC Members for Sales...more
11/10/2014
/ Audits ,
Corporate Taxes ,
Film Industry ,
IRS ,
Limited Liability Company (LLC) ,
Movies ,
Personal Liability ,
Sales & Use Tax ,
Statute of Limitations ,
Tax Refunds ,
Tax Returns ,
Television Programming
In This Issue:
Governor Cuomo Releases Ambitious 2014-15 Executive Budget; Third Department Holds Transfer of Condemned Property Did Not Occur Until After Gains Tax Was Repealed; Trial Court Upholds Constitutionality...more
In This Issue:
Divided Appellate Division Affirms Tribunal’s Gaied “Permanent
Place of Abode” Decision; Combined Reporting Permitted by ALJ Despite Absence of Substantial Intercorporate Transactions; Commissions Paid...more