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Illinois: Metallurgical Coke Used in Manufacturing Zinc Powder Not Exempt from Use Tax

The Illinois Independent Tax Tribunal recently held that Metallurgical coke used in manufacturing zinc powder is not exempt from use tax.
KPMG TaxWatch Mon, 23 Oct 2017 00:00:00 GMT

New York: Taxpayer Did Not Establish that It Paid Sales Tax On Behalf of Customers

Recently, an Administrative Law Judge ruled that a taxpayer did not establish that it paid sales tax on behalf of customers and was thus denied sales tax refunds.
KPMG TaxWatch Mon, 23 Oct 2017 00:00:00 GMT

Maryland: Pet Detectives’ (and Others’) Activities Exceed Scope of P.L. 86-272 Protection

The Maryland Tax Court ruled that a seller of pet products and food was not protected from taxation under Public Law 86-272 and therefore not entitled to a refund of corporate income taxes.
KPMG TaxWatch Mon, 23 Oct 2017 00:00:00 GMT

Louisiana: Department Proposes to Adopt Regulation Addressing When Certain Intangible Expenses, Interest, and Management Fees Are Subject to Add Back

The Louisiana Department of Revenue issued a notice of intent to adopt a regulation providing guidance on the related party addback requirements effective for tax years beginning on or after January 1, 2016.
KPMG TaxWatch Mon, 29 Jan 2018 00:00:00 GMT

Michigan: Appeals Court Rules in Favor of Law Firm in Service Sourcing Dispute

The Michigan Court of Appeals ruled that services performed by an attorney in Detroit on behalf of a client located outside the city were not sourced to Detroit for purposes of the City Income Tax.
KPMG TaxWatch Mon, 29 Jan 2018 00:00:00 GMT

Ohio: Blending Equipment Used in Hydraulic Fracturing Not Exempt from Use Tax

The Ohio Board of Tax Appeals ruled that a “blender” and related equipment were not directly used in the production of crude oil and natural gas.
KPMG TaxWatch Mon, 29 Jan 2018 00:00:00 GMT

Texas: Government Contractor Prohibited from Disclosing Contracts; Franchise Tax Refund Denied

A Texas Administrative Law Judge addressed whether a government contractor was entitled to a franchise tax refund as a result of filing an amended report changing its methodology for sourcing receipts from sales of intangibles.
KPMG TaxWatch Mon, 29 Jan 2018 00:00:00 GMT

Arkansas: Restaurant Required to Remit Use Tax on Retail Sales Price of Free Meals

The Arkansas Supreme Court addressed whether a fast-food retailer that provided free meals to managers owed use tax on the cost of the raw food ingredients or the retail value of the prepared meals.
KPMG TaxWatch Mon, 12 Mar 2018 00:00:00 GMT

Georgia: Conformity and Rate Reduction Bill Enacted

Georgia House Bill 918, which was signed into law on March 2, 2018.
KPMG TaxWatch Mon, 12 Mar 2018 00:00:00 GMT

Indiana: Various Purchases Related to Constructing a Wind Farm, Including Property Used to Construct Foundations, Exempt from Tax

The Indiana Department of State Revenue addressed whether equipment purchased for use in constructing and operating a wind farm qualified for the state’s manufacturing exemption.
KPMG TaxWatch Mon, 12 Mar 2018 00:00:00 GMT

Idaho: Second Conformity Bill Enacted; Additional Bills Pending

Idaho’s second conformity bill, House Bill 463, was signed into law on March 12, 2018.
KPMG TaxWatch Mon, 19 Mar 2018 00:00:00 GMT

Ohio: Board Addresses Where Benefit Received for CAT Sourcing Purposes

Recently, the Ohio Board of Tax Appeals addressed where the benefit of a service was received for purposes of the state’s Commercial Activity Tax or CAT.
KPMG TaxWatch Mon, 12 Mar 2018 00:00:00 GMT

Indiana: FDIC Shared Loss Agreement Payments Included in Financial Institutions Tax Base

In a recent letter of findings, the Indiana Department of State Revenue addressed whether payments received as a result of shared-loss agreements with the FDIC were excluded from the Indiana FIT base.
KPMG TaxWatch Mon, 19 Mar 2018 00:00:00 GMT

Kentucky: Pre-purchase Refund Permit Requirement for Special Fuels Taxes Did Not Violate the Due Process Clause

The Kentucky Court of Appeals recently ruled that a statute barring special fuel tax refunds to taxpayers that did not hold a valid refund permit at the time of the fuel purchase satisfied the Due Process Clause.
KPMG TaxWatch Mon, 19 Mar 2018 00:00:00 GMT

Texas: Streaming Subscriptions Subject to Tax as Amusements and Cable Television

The Texas Comptroller recently ruled that sales tax applied to the sale of subscriptions related to an internet-based platform for viewing real-time and on-demand streaming videos.
KPMG TaxWatch Mon, 19 Mar 2018 00:00:00 GMT
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