Practice Areas & Industries: Nexsen Pruet, LLC


State and Local Taxation Return to Practice Areas & Industries

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Practice/Industry Group Overview

State and local taxation has gotten increasingly complex both in the Carolinas and across the country. State taxing authorities have become more sophisticated and aggressive and there is vastly more media attention on state and local taxes (and economic development incentives) than in any time in the past. Sourcing, allocation, and apportionment have received renewed interest from Departments of Revenue. Additionally, recent case law revising and expanding the concept of state tax nexus has created the potential for reporting and filing obligations for businesses engaged in multi-jurisdictional commerce. As a result, taxpayers have had to pay significantly more time and attention to this tax area than before.

Our state and local tax team in South Carolina is led by a two-time former director of the South Carolina Department of Revenue. We serve clients across the Carolinas, from Fortune 500 companies to small and mid-sized firms. The strength of our SALT practice is in four areas: (1) State and Local Tax Controversy work; (2) economic development incentives; (3) legislative strategy; and (4) tax planning. We regularly assist in these areas involving a wide range of state and local tax issues. Those include:

  • Corporate Franchise and Income Taxes
  • Sales and Use Taxes
  • Real and Personal Property Taxes
  • Local Business License Taxes
  • Documentary Taxes
  • Unclaimed Property
  • Economic Development Incentives
  • State and Local aspects of business transactions and reorganizations

Our SALT controversy work involves representation of clients before the DOR, as well as trial work at the Administrative Law Court, Court of Appeals and Supreme Court in both South and North Carolina.

We regularly represent Fortune 500 companies as well as small and medium businesses seeking state and local tax incentives at both the state and local level, and have been involved in some of the largest economic development announcements in South Carolina history.

Nexsen Pruet also regularly represents clients on legislative monitoring and lobbying on state tax issues before the General Assembly. Our members have drafted hundreds of state tax code sections which have been enacted into law over the past 20 years. Our work has been done for state government, counties, economic development Alliances, and private clients.

Nexsen Pruet also assists clients in reviewing the state and local tax aspect of real estate transactions, mergers and acquisitions, and other transactional planning.

Accomplished Tax Attorneys

Recognitions for members of the group:

  • 2015 Best Lawyers in the Midlands in Tax Law by Columbia Metropolitan Magazine
  • Best Lawyers in America® “Lawyer of the Year” for Tax Law (Columbia)
  • South Carolina Economic Developers Association’s “2010 Ally of the Year”
  • Best Lawyers in America® since 2009
  • Listed in South Carolina Super Lawyers for Tax (2014)
  • South Carolina Super Lawyer – Rising Star in Bonds and Government

Noteable SALT Insights and Events

Members of the firm's SALT team regularly offer insights and events related to developments in this area of the law.

Burnie Maybank and Jeanne Born co-authored South Carolina Nonprofit Corporate Practice Manual, First Edition, South Carolina Bar, 2007, and Second Edition, South Carolina Bar, 2015.

On July 9, 2014, Maybank served as the moderator and presenter of the Clean Energy Economic Development Panel at the 2014 South Carolina Clean Energy Summit.

Burnie Maybank authored an article for the July 2014 edition of South Carolina Lawyer, co-written by Chris Hampton, entitled “Nonprofit Traps and Pitfalls.”

Maybank also co-authored an article for the May 2013 edition of South Carolina Lawyer, co-written by Franklin Daniels and Cashida Okeke, called “South Carolina State Tax Traps and Pitfalls.”

Each year, Nexsen Pruet hosts economic development and state and local tax seminars which bring together practitioners and public agency representatives. The firm also hosts other events that are more narrowly focused on specific SALT issues, including:

  • Taps and Pitfalls in Economic Development (2015)
  • SALT Seminar (held annually)
  • Realtors Seminar (2014)
  • Newbie Economic Development Seminar (2011 and 2013)
  • Hard Dollars Economic Development Seminar (2013)
  • Legislative Update Economic Development Seminar (2013)
  • Distribution Center Seminar (2013)
  • State Economic Development Incentives for the Agribusiness Industry (2012)
  • Incentives for Real Estate Developers (2012)
  • Selected Issues Regarding Spec Industrial Parks and Mega Sites (2012)
  • Economic Development and Legislative Update Seminar (2011)

Articles Authored by Lawyers at this office:

Tips from IRS for Year-End Gifts to Charity
, December 09, 2015
On November 25, the Internal Revenue Service published "Tips from IRS for Year-End Gifts to Charity."

Important April 30, 2016 Deadline to Adopt Updated Pre-Approved Defined Contribution Retirement Plans
Suzanne G. Odom, October 26, 2015
All employers who are using a pre-approved form for their 401(k), profit sharing, or other defined contribution plan must sign updated documents on or before April 30, 2016 to preserve the tax-qualified status of the plan.

Relief for Federal Disaster Areas in South Carolina
William M. Wilcox, October 22, 2015
On October 7, 2015, the Internal Revenue Service (IRS) issued SC-2015-71 to grant relief to taxpayers located in federal disaster areas of South Carolina.

Maybank on the Government Accounting Standards Board issued Statement No. 77, Tax Abatement Disclosures
Burnet R. Maybank, August 25, 2015
Today, August 15, 2015, the Government Accounting Standards Board issued Statement No. 77, Tax Abatement Disclosures.