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|Illinois: Special Joint Committee Recommends Changes to the State Tax Code to Attract More Businesses|
McDonald Hopkins LLC;
June 25, 2014, previously published on June 19, 2014The Tax Policy Subcommittees of the Illinois General Assembly’s Joint Revenue & Finance and State Government Administration Committees (the “Joint Committees”) recommended a number of changes to the Illinois tax code in a joint report (the “Report”) issued on May...
|Colorado: New Law Passed Presuming Sales Tax Nexus for Out-Of-State Retailers|
McDonald Hopkins LLC;
June 25, 2014, previously published on June 19, 2014On June 6, 2014, Colorado Governor John Hickenlooper signed H.B. 1269, also known as the Marketplace Fairness and Small Business Protection Act, into law. H.B. 1269, which becomes effective on July 1, 2014, expands the array of activities that create state tax nexus for out-of-state retailers, and...
|Supreme Court Allows Taxpayers to Question IRS Agents Regarding Propriety of Summons|
Jeremiah Coder, Barbara T. Kaplan; Greenberg Traurig, LLP;
June 24, 2014, previously published on June 20, 2014Taxpayers may be able to engage in limited challenges to a summons issued by the Internal Revenue Service (IRS) when there is an inference of impropriety regarding the agency’s actions. In a unanimous decision on June 19, 2014, the Supreme Court in United States v. Clarke held that while no...
|Michigan: Sale of an Information Subscription Service is not a Taxable Sale|
McDonald Hopkins LLC;
June 24, 2014, previously published on June 19, 2014On May 13, 2014, the Michigan Court of Appeals rendered an opinion of significance to businesses in the database subscription industry, and to a somewhat lesser extent, the software industry (Thompson Reuters Inc. v. Dept. of Treasury, No. 90-345 (Mich. Ct. App. May 13, 2014)). Thompson analyzed...
|Tax Court of Canada Litigation Update: Henco Industries Limited v. HMQ|
Eric Mayzel, Geoffrey B. Shaw, Melissa Wright; Cassels Brock & Blackwell LLP;
June 24, 2014, previously published on June 18, 2014The recent Tax Court of Canada decision in Henco Industries Limited v. Her Majesty the Queen, provides litigation and tax practitioners with guidance on evidentiary and substantive tax issues.
|Eat, Drink and Fire Away: South Dakota Holds Lodge Operator Not Subject to Use Tax on Purchases of Food, Beverages and Ammo|
Andrew D. Appleby, Ted Friedman; Sutherland Asbill & Brennan LLP;
June 23, 2014, previously published on June 19, 2014The South Dakota Supreme Court held that a corporation operating a hunting lodge did not owe use tax on its purchases of food, beverages and ammunition because the lodge purchased the goods for resale to the lodge’s customers in the regular course of business. The lodge offered hunting...
|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...
|Internet Tax Freedom Act Extension Clears Congressional Committee|
Sutherland Asbill Brennan LLP;
June 23, 2014, previously published on June 18, 2014On June 18, the Judiciary Committee of the U.S. House of Representatives voted in favor of H.R. 3086, the Permanent Internet Tax Freedom Act (PITFA) by a vote of 30-4. PITFA permanently extends the moratorium on state and local taxation of Internet access and “multiple” or...
|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...
|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...