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
NEW YORK’S HIGHEST COURT UPHOLDS SALES TAX ON INFORMATION SERVICES AND INTERPRETS TAX EXCLUSION IN FAVOR OF DEPARTMENT -
Reversing a decision of the Appellate Division, a sharply divided New York Court of Appeals has upheld...more
APPELLATE COURT DISMISSES CONSTITUTIONAL CHALLENGE TO NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, First Department, finding that the U.S. Supreme Court’s 2015 decision in Comptroller of the...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
On January 17, 2017, New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget. It contains several potentially important tax proposals, including the following...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
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
Resident Is Not Subject to Use Tax on Yacht Briefly Docked in the State -
In Matter of Michael Pellino, DTA No. 825869 (N.Y.S. Div. of Tax App., Oct. 1, 2015), a New York State Administrative Law Judge concluded that...more
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
Tribunal Upholds Personal Liability of LLC Members for Sales Tax -
The New York State Tax Appeals Tribunal has affirmed the determination of an Administrative Law Judge that a member of a limited liability company...more
9/3/2015
/ Continuing Legal Education ,
Excise Tax ,
Foreign Corporations ,
Income Taxes ,
Internet ,
Limited Liability Company (LLC) ,
Mobile Devices ,
Nexus ,
Personal Liability ,
Sales & Use Tax ,
Sales Tax ,
Tax Litigation ,
Telecommunications
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:
- State Tribunal Affirms Decision Imposing Sales Tax on Information Services
- Appellate Division Upholds Applicability of Sales Tax to Environmental Testing and Monitoring Services
- Bulk...more
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:
- State Tribunal Reverses ALJ and Allows Combined Reporting
- Tribunal Finds Oxygen Cylinders Were Purchased for Resale
- Appellate Court Denies Nassau County Class Action Certification in...more
In This Issue:
- Department of Finance Announces Updated Commercial Rent Tax Audit Policy on Billboards
- ALJ Finds No Hearing Right To Challenge Notice and Demand, and Corporate “President” Is Personally...more
In This Issue:
- New York Court Grants Airbnb’s Motion to Quash Attorney General’s Subpoena
- New York City UBT Ruling Allows Broker-Dealer Sourcing for Non-Registered Broker-Dealers
- ALJ Dismisses Action as...more
In This Issue:
Taxpayer Wins and Loses in Statutory Residency Case; Guidance Issued on Reciprocal Credit for Sales or Use Tax; State Tax Department Issues Guidance on START-UP NY Program; and Insights in...more
In This Issue:
Despite Incorrect Advice from NYS Tax Department, Conference Request Held to Be Untimely; Corporate Officer Liable for Sales Tax Despite Creditor’s “Sweep Arrangement” with Corporation; Charter Yacht Not...more
10/3/2013
/ Corporate Officers ,
Creditors ,
Fraud ,
Injunctions ,
Penalties ,
Personal Liability ,
Sales & Use Tax ,
Same-Sex Marriage ,
Tax Assessment ,
Tax Exemptions ,
Tax Returns ,
Vessels
In This Issue:
- New York’s Highest Court Holds Retroactive Changes to Empire Zones Tax Credit Program Unconstitutional
- Tribunal Upholds Applicability of Sales Tax to Environmental Testing and Monitoring...more
In This Issue:
- Single Charge for Investment Management Services Found Not Subject to New York Sales Tax.
- Remote Vendor Not “Doing Business” in New York.
- Nonresident Partner’s Loss from 2005...more
In This Issue:
New York Court of Appeals Upholds “Amazon” Statute; Guilty Plea and $5.5 Million Settlement Resolve New York’s False Claims Case; City ALJ Dismisses Case Seeking Interest on $30 Million Refund;...more