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HTMLNew York’s New BSA/AML Rule Imposes Monitoring, Filtering and Certification Requirements
Brian Barrett, Kristin Ward Cleare; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 29, 2016, previously published on July 28, 2016
On June 30, 2016, the New York Department of Financial Services (DFS) adopted a new anti-terrorism and anti-money laundering (AML) regulation (Final Rule) that builds on federal anti-money laundering requirements to address what the DFS called “shortcomings” in current practices...

 

HTMLDon't Take This Personally: Wisconsin Court Holds State Does Not Have Jurisdiction Over Mississippi DOR
Charles C. Capouet, Jonathan A. Feldman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 28, 2016, previously published on July 28, 2016
The Wisconsin Court of Appeals held that Wisconsin courts lacked personal jurisdiction over the Mississippi Department of Revenue so as to subject it to a lawsuit in the state. An individual taxpayer asserted that the Mississippi DOR had filed a fraudulent tax lien against him. The taxpayer moved...

 

HTMLVoice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway
Thomas M. Byrne, Juan C. Garcia, Patricia A. Gorham, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 27, 2016, previously published on July 27, 2016
Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to reconcile those advances with the TCPA. The proliferation of cell phones and...

 

HTMLArgentina Relaxes Restrictions on Ownership of Rural Properties by Foreigners
Victor P. Haley; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 14, 2016, previously published on July 11, 2016
On June 29, 2016, the Argentine executive branch enacted decree 820/2016 (the New Decree), easing certain restrictions imposed under existing law on the acquisition and leasing of rural lands by foreign individuals and legal entities (Law No. 26,737, enacted in 2011 by the former administration,...

 

HTMLDeferred No Longer: Treasury and IRS Issue Long-Awaited 409A Guidance
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Michael A. Hepburn, Cristopher D. Jones; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 14, 2016, previously published on July 11, 2016
On June 21, the Treasury Department and the Internal Revenue Service (IRS) issued proposed Internal Revenue Code (Code) section 409A regulations, modifying existing proposed and final section 409A regulations regarding deferred compensation arrangements. The proposed regulations consist of 19...

 

HTMLMoney for Nothing: Massachusetts Appeals Court Finds Intercompany Financing Transactions Did Not Constitute Genuine Indebtedness
Zachary T. Atkins, Charles C. Kearns; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 8, 2016, previously published on July 7, 2016
The Massachusetts Appeals Court upheld an Appellate Tax Board decision disallowing interest expense on certain intercompany financing transactions because the underlying agreements did not establish an “unqualified obligation to repay.” The taxpayers, subsidiaries of a British utility,...

 

HTMLWashington ALJ Rules Out-of-State Insurance Provider's Marketing Subject to Business & Occupation Tax as Other Services
Jonathan A. Feldman, Alla Raykin; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 8, 2016, previously published on July 7, 2016
An administrative law judge (ALJ) held that a taxpayer’s activities in Washington were not selling, soliciting or negotiating insurance in the state, but rather marketing other in-state insurance companies’ products and receiving commissions from those marketing materials. Accordingly,...

 

HTMLCompact, But No Contract: Minnesota Supreme Court Holds Compact Did Not Create Binding Contractual Obligation
Amy F. Nogid, Hanish S. Patel; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 8, 2016, previously published on July 6, 2016
The Minnesota Supreme Court held that Minnesota’s adoption of the Multistate Tax Compact (Compact) did not create a binding contractual obligation and, as a result, the state’s subsequent repeal of the Compact’s alternative apportionment election provision was not prohibited as...

 

Adobe PDFNew York Issues Two Advisory Opinions Regarding Surplus Lines Insurance
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 1, 2016, previously published on July 1, 2016
The New York State Department of Taxation and Finance (Department) issued two advisory opinions determining that unauthorized non-life insurance corporations (here, surplus lines insurance companies) are subject to insurance franchise tax (under N.Y. Tax Law § 1502) instead of premium tax...

 

HTMLAlabama Regulation Requires Software Update: Tax Tribunal Holds Modified Software Is Nontaxable Custom Software
Eric J. Coffill, Hanish S. Patel; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 30, 2016, previously published on June 29, 2016
The Alabama Tax Tribunal held that a taxpayer was entitled to a refund of sales taxes paid on purchases of software that was modified for its exclusive use because it constituted nontaxable custom software. Relying on its regulation, the Alabama Department of Revenue (DOR) denied the refund,...

 


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