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|Tax Effective Use by Canadian Online Retailers of Bermuda Operations for International Expansion: 2011 Canada-Bermuda Tax Information Exchange Agreement|
Duncan C. Card, Claire M.C. Kennedy, Wesley R. Novotny; Bennett Jones LLP;
June 23, 2014, previously published on June 10, 2014The growth of online retail sales has globally outstripped the growth of all other retail channels, including during the last recession. For example, in England during 2012, it has been estimated that online e-tail grew by an average of 17 percent, compared to all other retail growth in England of...
|Reliance on Professional Advice Avoids Valuation Penalty|
Thomas W. Aldous; Williams Mullen;
June 23, 2014, previously published on June 18, 2014In Whitehouse Hotel Ltd Partnership v. Commissioner, No. 13-60131 (6/11/2014), the Fifth Circuit Court of Appeals vacated the Tax Court’s enforcement of a gross undervaluation penalty imposed on a taxpayer claiming a charitable deduction for a historic preservation façade conservation...
|The Importance of Borders in a Borderless World: Ontario Court Stays Action for U.S. Transportation Taxes|
Byron Shaw; McCarthy Tétrault LLP;
June 23, 2014, previously published on June 4, 2014In Prince v. ACE Aviation Holdings Inc., the Ontario Court of Appeal stayed a class action based on allegations that Air Canada had improperly collected transportation taxes levied under the U.S. Internal Revenue Code (the “Code”). The Court’s decision highlights the difficulty in...
|Legislature Revises Affiliate Nexus Law Previously Voided by State Supreme Court|
McDonald Hopkins LLC;
June 18, 2014, previously published on June 12, 2014On May 30, 2014, the Illinois legislature passed a new and improved law aiming to collect sales tax revenue from e-commerce transactions occurring in the state. Senate Bill 352 (the New Law) amends several portions of the Illinois Use Tax Act and the Service Use Tax Act.
|Bill Accelerating Certain Tax Cuts is Sent to Governor’s Desk|
McDonald Hopkins LLC;
June 18, 2014, previously published on June 12, 2014The Ohio mid-biennium budget bill, H.B. 483, has been sent to Ohio Governor John Kasich for his expected signature. While there are numerous changes enacted under H.B. 483, several will reduce the income tax liability of Ohioans.
|Governor Signs Bill Permitting a Beach Preservation Tax|
McDonald Hopkins LLC;
June 18, 2014, previously published on June 12, 2014In an effort to maintain and preserve beachfront property, Governor Haley of South Carolina signed S. 503, which authorizes certain municipalities to add a beach preservation fee to any already-existing accommodations tax.
|Michigan Court of Appeals Holds that Checkpoint Is an Information Service. If Only the Department of Treasury Had a Subscription...|
Timothy A. Gustafson, David A. Pope; Sutherland Asbill & Brennan LLP;
June 17, 2014, previously published on June 15, 2014The Michigan Court of Appeals held that Thomson Reuters’ sale of Checkpoint, an online tax and accounting research program, was the sale of a nontaxable information service and not tangible personal property for purposes of Michigan’s use tax. The Michigan Department of Treasury argued...
|California Court of Appeal Broadens Exemption for Intangible Assets|
Zachary T. Atkins, Douglas Mo; Sutherland Asbill & Brennan LLP;
June 17, 2014, previously published on June 15, 2014The California Court of Appeal held that the San Mateo County Assessor illegally assessed the intangible assets of the Ritz-Carlton Half Moon Bay Hotel. This is the first appellate decision to follow Elk Hills Power, LLC v. Board of Equalization, 57 Cal.4th 593, 304 P.3d 1052 (2013) (reported by...
|Louisiana Court Holds Video-on-Demand is not Subject to Sales Tax|
Sutherland Asbill Brennan LLP;
June 17, 2014, previously published on June 12, 2014Yesterday the Louisiana 24th Judicial District Court held that a cable service provider’s video-on-demand and pay-per-view video programming are not tangible personal property subject to sales tax. Jefferson Parish had alleged that the programming could be seen and heard and thus fell within...
|Potential Structures for Canadians Acquiring U.S. Real Estate Property|
Jonathan M. Charron; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
June 17, 2014, previously published on May 28, 2014This article summarizes potential ways to structure or restructure the ownership of personal - use real property situated in the U.S. for Canadians, the purpose of which is to reduce or eliminate potential exposure to U.S. taxation.