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Note from the Editor
Welcome to the February 2023 edition of The BR State + Local Tax Spotlight. We know the importance of remaining up-to-date on State + Local Tax developments, which appear often and across numerous jurisdictions. Staying informed 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.
ARTICLES
Unconstitutional Discrimination: States Cannot “Level the Playing Field” for In State Businesses
By Eugene J. Gibilaro
On February 3, 2023, the Sixth Circuit for the U.S. Court of Appeals held that an Illinois coal producer was likely to succeed on the merits of its claim that a Kentucky law directing Kentucky utilities purchasing coal to evaluate the reasonableness of coal bid prices after subtracting severance taxes from the actual bid price. Read More >>
NYS Tax Tribunal Rules Manufacturer Entitled to 100 Percent Empire Zone Investment Tax Credit and $152 Million Refund
By Craig B. Fields
Highlighting the importance of the wording of a statute, the New York State Tax Appeals Tribunal, reversing an Administrative Law Judge, held that a manufacturer was allowed both a refund of 50 percent of its Empire Zone investment tax credit (“EZ ITC”) as a “new business” and a refund of 50 percent of its EZ ITC as the owner of a qualified investment project (“QUIP”) or significant investment project (“SCIP”). Read More >>
English 101: Prepositions Matter When Determining Where Services Are Rendered
By Nicole L. Johnson
Ascertaining where services are rendered has been a challenge faced by numerous companies operating throughout the United States. For example, for Louisiana corporate franchise tax purposes, revenue from certain services is sourced based on the “location at which the services are rendered.” 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. We invite you to attend, 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 >>
