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Documents on Taxation, Transportation
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|Oregon: Department of Transportation Seeks Volunteers for Pilot Program Taxing Miles
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
July 3, 2015, previously published on June 25, 2015The Oregon Department of Transportation (ODOT) has announced OReGO, its road usage charge program designed to create "a fair and sustainable way to fund road maintenance, preservation, and improvements for all Oregonians."
|Oregon Test Drives Gas Tax Alternative|
McDonald Hopkins LLC;
June 2, 2015, previously published on May 22, 2015The debate over a long-term transportation bill inevitably breaks down over the question of how to pay for it. The trust fund is currently funded by a federal gas tax. But, over the last few years more and more have begun to question whether or not there is a better and smarter way to raise the...
|Eurasian Economic Union|
Victoria Simonova; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...
|Ohio: Air Transportation Operator is Not a Public Utility and Not Entitled to Exemption from Sales Tax|
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
October 8, 2014, previously published on October 2, 2014The Ohio Board of Tax Appeals (Board) recently determined in Epic Aviation, LLC v. Testa (Case No. 2012-1557) that an air transportation operator’s purchases of fuel were not exempt from Ohio sales tax because such company was not using or consuming the fuel “directly in the rendition...
|Recovery of VAT on Deal Fees: Airtours is Denied a Deduction for VAT Paid on Fees Charged by Advisors on its Restructuring|
Emma Hardwick, Michael T. McGowan, Andrew Thomson; Sullivan & Cromwell LLP;
September 10, 2014, previously published on September 3, 2014Airtours Holidays Transport Limited has been denied recovery of VAT on fees it paid to PricewaterhouseCoopers LLP for a review of Airtours’ financial position in connection with its possible restructuring.
|Unfair Railroad Fuel Taxation? U.S. Supreme Court Agrees to Hear CSX Transportation Case|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 24, 2014The U.S. Supreme Court granted certiorari in Alabama Dept. of Revenue v. CSX Transportation, Inc., --- S. Ct. ---- (2014), on July 1, 2014. While the Court generally addresses the questions presented in the writ of certiorari if it decides to hear the case, the Court added a question of its own for...
|Impact of FATCA on ORSO Schemes in Hong Kong|
Duncan A. W. Abate; Mayer Brown JSM;
May 29, 2014, previously published on May 27, 2014The Foreign Account Tax Compliance Act (FATCA) is an invasive piece of US legislation. It is designed to identify tax avoidance being undertaken by US entities. It does this by imposing a 30 percent withholding tax on any US investments unless certain information is disclosed to the US tax...
|Ohio: Supreme Court Holds Local Income Tax Preempted for “Motor Transportation Companies”|
McDonald Hopkins LLC;
May 13, 2014, previously published on May 1, 2014The Ohio Supreme Court has recently held that the Village of Seville’s (the Village's) income tax on net profits was preempted by a state law when such local income tax was applied to “motor transportation companies.” (Panther II Transp., Inc. v. Seville Bd. of Income Tax Rev.).
|Off With Your Head(quarters)? Oklahoma's Headquarters Deduction Survives Constitutional Challenge|
Timothy A. Gustafson, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Oklahoma Supreme Court held Oklahoma’s deduction for capital gains arising from the sale of a company headquartered in the state for three or more years does not violate the dormant commerce clause of the U.S. Constitution. The taxpayer, a California company with its headquarters in...
|Pennsylvania: Gas Taxes Increased To Fund Transportation Spending Bill|
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
December 17, 2013, previously published on December 12, 2013Pennsylvania Governor Tom Corbett recently signed into law a transportation infrastructure spending plan (H.B. 1060) that will pump billions of dollars into the state’s transportation system, funded in part by phasing out a cap on the oil company franchise tax.