Starting in 2019 Indiana General Assembly imposes Heavy Equipment Rental Excise Tax in lieu of Personal Property Tax

Starting in 2019 Indiana General Assembly imposes Heavy Equipment Rental Excise Tax in lieu of Personal Property Tax

In its 2018 legislative session the Indiana General Assembly enacted and the Governor approved House Enrolled Act No. 1323, which starting in 2019 imposes a new excise tax on “heavy rental equipment” while removing such equipment from taxation as personal property.  “Heavy rental equipment” under new Ind. Code § … [Read more...]

Ind. Court Clarifies that Burden of Proof in Unemployment Tax Successorship Cases is on Government

Unemployment insurance in Indiana, like virtually all states, is financed by a tax on employers.  The employer contributions are charged proportionally against an employer’s experience account: the greater the number of unemployment claims, the more that employer must contribute to the unemployment fund.  Each … [Read more...]

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

My colleagues issued this update earlier this week: It has been over thirty years since the last major overhaul of the U.S. tax code, President Reagan's Tax Reform Act of 1986. That process took over two years and required cooperation between the President and both parties in Congress. Since then, there have been … [Read more...]

Illinois court finds mortgage assignments not subject to Chicago Transfer Tax

Illinois court finds mortgage assignments not subject to Chicago Transfer Tax

The Appellate Court of Illinois, First District, recently concluded that the City of Chicago’s real property transfer tax did not extend to assignments of mortgages because, contrary to the City’s arguments, mortgage assignments are not beneficial or controlling interests in property.  The Court’s decision in City … [Read more...]

Online travel company did not owe Indiana sales and innkeeper’s taxes for facilitating rental of hotel rooms

Online travel company did not owe Indiana sales and innkeeper’s taxes for facilitating rental of hotel rooms

In Orbitz LLC v. Indiana Department of State Revenue (Dec. 20, 2016), the Indiana Tax Court characterized the key issue as “whether the Department erred in issuing sales and innkeeper’s tax assessments against Orbitz based on the retail rather than the wholesale rate of Indiana hotel rooms.”  (The Court did not … [Read more...]

Indiana Revenue Forecast & Road Funding – Two Information Briefs from the Indiana Fiscal Policy Institute

Indiana Revenue Forecast & Road Funding – Two Information Briefs from the Indiana Fiscal Policy Institute

  The Indiana Fiscal Policy Institute this month released two informational briefs on topics that will be tackled by the Indiana General Assembly in its upcoming legislative session, where the legislature will craft a new two-year budget for the State.  On December 15th, the Institute released "Indiana … [Read more...]