The BR State + Local Tax Spotlight: December 2022

The BR State + Local Tax Spotlight

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Note from the Editor

Welcome to the December 2022 edition of The BR State + Local Tax Spotlight. We recognize the importance of remaining informed on State + Local Tax developments, which appear often and across numerous jurisdictions. Staying up-to-date on significant legislative developments and judicial decisions helps tax departments function more efficiently, along with improving strategy and planning. That is where The BR State + Local Tax Spotlight can help. In each edition, we will highlight important State + Local Tax developments that could impact your business.

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.

Eugene J. Gibilaro


Massachusetts Commissioner of Revenue Issues Guidance Seeking to Limit Taxpayer Win in Apportionment Case
By Eugene J. Gibilaro

In the wake of the taxpayer win at the Supreme Judicial Court of Massachusetts in VAS Holdings & Investments LLC v. Commissioner of Revenue, 489 Mass. 669 (2022) (“VAS”), the Commissioner of Revenue has issued guidance in the form of a Technical Information Release (“TIR”) purporting to offer the Commissioner’s interpretation of the decision and seeking to limit the application of VAS to other taxpayers’ cases. Read More >>

Ohio Supreme Court Rules that Ohio is Not Entitled to Tax NASCAR’s Broadcast Fees and License Fees
By Irwin M. Slomka

Ohio’s ability to tax receipts under the Ohio commercial activity tax (“CAT”) in the case of nationwide contracts that license the right to use intellectual property has now been significantly limited. Read More >>

Whose Income Producing Activity Is It Anyway?
By Nicole L. Johnson

Both states and taxpayers have struggled with how to correctly source service receipts for apportionment purposes. The myriad of state sourcing provisions certainly do not add any clarity to the issue. Read More >>


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. In addition to media highlights and articles, we invite you to attend our speaking engagements, listen, and learn as our experienced 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 >>

© 2022 Blank Rome LLP. All rights reserved. Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.