Using the Internet Tax Freedom Act to turn the tables on state iGaming taxes

Using the Internet Tax Freedom Act to turn the tables on state iGaming taxes

In the December/January 2013/2014 edition of iGaming Business North America, I discuss the development of real-money Internet gambling and one significant restriction on the way that states can tax that growing business.  The article, “Turning the Tables on State iGaming Taxes,” begins: All eyes are on Nevada, … [Read more...]

Out-of-State and Foreign Entities Eligible for California Green Manufacturing Sales and Use Tax Exclusion

Out-of-State and Foreign Entities Eligible for California Green Manufacturing Sales and Use Tax Exclusion

On October 4, 2013, California Governor Jerry Brown approved Assembly Bill 1422 (Chapter 540, Laws 2013).  The legislation clarifies that the sales and use tax exclusion for certain projects approved by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) is available to … [Read more...]

Tenth Circuit reverses Colorado e-commerce decision, reinstates use tax notice statute

Tenth Circuit reverses Colorado e-commerce decision, reinstates use tax notice statute

In a blow to opponents of Colorado’s expansive sales and use tax regime, the Tenth Circuit reversed the decision of the district court in Direct Marketing Association v. Huber and dismissed the trade group’s case against Colorado’s reporting and notice requirements for e-commerce vendors outside of Colorado.  In … [Read more...]

Taxpayers Going Hoarse Opposing Indiana Sales and Use Tax from Claiming Races

Taxpayers Going Hoarse Opposing Indiana Sales and Use Tax from Claiming Races

State tax audits often come in waves. When a revenue department notices one business that has been overlooked, the business's competitors often find auditors knocking at the barn door.  In Indiana, one of the areas of recent focus has been so-called claiming races. Claiming races are a method of determining the … [Read more...]

Indiana Tax Court Decides Foreign Source Dividends Are Deductible in Calculating Indiana NOLs

Indiana Tax Court Decides Foreign Source Dividends Are Deductible in Calculating Indiana NOLs

On March 28, 2013, the Indiana Tax Court issued its decision in Caterpillar, Inc. v. Indiana Dept. of State Revenue, holding that dividend income from foreign subsidiaries is deductible when calculating Indiana net operating losses.  The decision presents an opportunity for Indiana taxpayers with income from … [Read more...]

Oregon Supreme Court calls the sale of wireless assets apportionable business income

Oregon Supreme Court calls the sale of wireless assets apportionable business income

In a pair of cases involving multistate telecommunications businesses, the Oregon Supreme Court held that Oregon's dual definitions of "business income" did not conflict, and that therefore the state's imposition of corporate income tax on the sale of wireless assets was a reasonable interpretation of those … [Read more...]