Ryan Tax Developments

Michigan Considers Eliminating Personal Property Tax.

Fri, 04 May 2012 00:00:00 GMT

While campaigning to become the Governor of Michigan, candidate Rick Snyder proposed to eliminate the business personal property tax because he felt that it was an impediment to attracting reinvestment and new investment into Michigan. Following the Governor’s lead, legislators in both the House and Senate have filed bills that would eliminate, phase out, or diminish the effects of personal property tax on businesses.

Indiana Supreme Court Upholds Use Tax on Promotional Items Mailed to Residents.

Fri, 04 May 2012 00:00:00 GMT

In Indiana Department of State Revenue v. AOL, LLC, the Indiana Supreme Court (“Court”) recently reversed a Tax Court decision and held an out-of-state online service provider was liable for use tax on certain packages and promotional materials sent from out-of-state producers to Indiana residents.

Florida’s House Bill 7087 Provides Tax Incentives and Expands Sales Tax Exemptions.

Thu, 03 May 2012 00:00:00 GMT

On March 28, 2012, Florida Governor Rick Scott signed House Bill 7087 (“HB 7087”), an economic development bill, which includes changes in corporate income tax, credits and incentives, sales and use tax, property tax, severance tax, and oil production tax.

Washington Supreme Court Denies Review of B&O Tax Assessment on Intercompany Transfers.

Thu, 03 May 2012 00:00:00 GMT

The Washington Supreme Court denied a petition for review of Getty Images, Inc. v. Seattle, which held that the City of Seattle had properly assessed Business and Occupation (B&O) tax on intercompany fund transfers.

Alabama Clarifies Resale Exemption.

Tue, 10 Apr 2012 00:00:00 GMT

In Kelly’s Food Concepts of Alabama, LLP (“Kelly’s”), the Alabama Department of Revenue (“Department”) rejected a sale-for-resale exemption claimed by restaurants on purchases of plastic utensils, paper napkins, and other items provided to customers.

Missouri Supreme Court Denies Processing Exemption to Restaurants.

Tue, 10 Apr 2012 00:00:00 GMT

In Aquila Foreign Qualifications Corporation v. Director of Revenue, (MO SC No. 91784, March 6, 2012), Missouri’s Supreme Court (“Court”) denied a convenience store/restaurant a partial sales tax exemption for electricity used to prepare food for sale.

California BOE Considers Process to Redefine the Value of Software Discs and Drives for Sales Tax Purposes.

Tue, 20 Mar 2012 00:00:00 GMT

In an effort to limit a sales tax exemption for technology transfers and in spite of an adverse court decision, the staff of California Board of Equalization (“Department”) proposed a study or an interested-parties process to define the value of media (discs, drives, etc.) used to store and sell prewritten software.

Texas Launches New Amnesty Program: Project Fresh Start.

Tue, 20 Mar 2012 00:00:00 GMT

Texas Comptroller of Public Accounts Susan Combs (“Comptroller”) launched Project Fresh Start, an amnesty program (“Program”) aimed at collecting delinquent taxes owed by Texas businesses. The Program will run from June 12, 2012 to August 17, 2012, during which time taxpayers can pay past due taxes in full and receive waiver of penalty and interest charges normally assessed.

European Union VAT Recovery Deadline is Approaching.

Thu, 15 Mar 2012 00:00:00 GMT

June 30, 2012 is an important date for taxpayers who may be eligible to recover value-added tax (VAT) paid to many European Union (EU) member countries. In many cases, VAT paid in 2011 may not be recoverable if the required documentation is not filed with the respective EU authority by this date.

Alabama Moves to Tax Motor Fuel at the Terminal Rack.

Thu, 08 Mar 2012 00:00:00 GMT

Effective October 1, 2012, the Alabama Terminal Excise Tax Act will change Alabama’s fuel taxes to impose tax at the terminal rack or when the fuel is imported into the state.