Are you the publisher? Claim or contact us about this channel


Embed this content in your HTML

Search

Report adult content:

click to rate:

Account: (login)

More Channels


Showcase


Channel Catalog


Channel Description:

State & Local Tax Blog by Faegre Baker Daniels

older | 1 | (Page 2) | 3 | newer

    0 0

    Bottom falls out of Lessor’s “mixed bag” argument. Taxpayer (RentCo) was an Indiana business that leased, rented, and maintained trucks, tractors, trailers, and other specialized equipment.  RentCo was one member of a larger group of seven related businesses.  RentCo owned all of the equipment used by related operating companies, leasing the equipment to its “sister entities” as [...]

    0 0

    Next Thursday, October 10th, I am presenting an update on Indiana sales and use tax at an Aviation Law program, where I will discuss this ruling. In Letter of Findings No. 04-20120368 (2012 tax year) (posted 2/27/2013), the Taxpayer, a Montana LLC, paid no sales tax when it purchased an aircraft from a Nevada dealership.  [...]

    0 0

    On October 4, 2013, California Governor Jerry Brown approved Assembly Bill 1422 (Chapter 540, Laws 2013).  The legislation clarifies that the sales and use tax exclusion for certain projects approved by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) is available to entities located outside the state of California or overseas.  The amendment [...]

    0 0

    On October 16, 2013, the Indiana Tax Court issued an order granting the request by Orbitz, LLC to prohibit public access to contracts that contained trade secrets.  The Court ruled: Competition is the bedrock of our country’s economic system. The protection afforded to trade secrets under [the Access to Public Records Act or] APRA and [...]

    0 0

    On October 31, 2013, the Indiana Tax Court in Garwood v. Indiana Department of State Revenue, Cause No. 82T10-1208-Ta-46, unmasked the Department’s not-so-scary jurisdictional theories in the latest ruling in the “puppy mill” cases, denying the Department’s motion to dismiss for lack of subject matter jurisdiction.  For background on Garwood’s initial appeal, including the Supreme [...]

    0 0

    A representative of electronic equipment manufacturers (RepCo) bought equipment that it used to demonstrate the equipment to potential buyers.  In Letter of Findings No. 04-20130346 (2010 and 2011 tax years), RepCo argued that the Indiana Department of Revenue incorrectly assessed sales / use tax on equipment that it either returned to the original vendor or resold [...]

    0 0

    Indiana Residents were managers of a Montana LLC, which they established with the help of a Montana “Service Company.”  As reported by the Department, the “Service Company” invited potential clients to “Register your vehicles in Montana and Pay No Sales Tax.”  The “Service Company” was designated as the LLC’s Montana ”agent.”  Except for the vehicle purchases, Residents [...]

    0 0

    An Indiana Farmer raised calves for food consumption, and he produced hay on his property to feed the calves.  Farmer purchased gravel “as a base for round hay bale feeders, which are used in the feeding process for Taxpayer’s calves.”  He claimed that his purchases were exempt under Ind. Code § 6-2.5-5-1 as tangible personal [...]

    0 0

    From cement to furniture manufacturers, following is a summary of September final determinations from the Indiana Department of Revenue regarding application of sales and use tax to various items of tangible personal property acquired and used as part of the production process.  The central questions often are (a) whether the items were used during production [...]

    0 0

    In a pair of rulings issued last month, the Indiana Department of Revenue concluded that a Distributor’s clients didn’t have income from Indiana sources and had no substantial nexus with Indiana.  Therefore, the clients were not required to file Indiana income tax returns or collect and remit sales tax on transactions sourced to Indiana.  Distributor stores [...]

    0 0

    The Michigan Court of Appeals recently shocked the Michigan Department of Treasury when it held that machinery and equipment used to transmit and distribute electricity was entitled to a use tax exemption available for industrial processing.  In Detroit Edison Co. v. Department of Treasury, the Court found that the electricity was not a finished good [...]

    0 0

    In an uplifting post, the Texas State & Local Tax Law Blog (authored by attorney Alan E. Sherman) on February 12, 2014 wrote: This morning, the Texas Third Court of Appeals at Austin issued its opinion in Cirrus Exploration Company v. Combs, et al. . . .  In the opinion, the court held that a taxpayer’s [...]

    0 0

    On February 6, 2014, Minnesota resident Scott Stevens received an early Valentine he will not soon forget – an Order from the Tax Court relieving him from a $4 plus million liability for petroleum and sales/use taxes for tax periods in 2008, 2009 and 2010.  Stevens was President and COO of a Retailer operating service stations and convenience stores [...]

    0 0

    An Illinois resident taxpayer purchased a boat from an individual who lives in Kentucky in 2011.  The taxpayer completed the Aircraft/Watercraft Use Tax Transaction Report (IL Form RUT-75) and filed it with the Department of Revenue, claiming that the boat was exempt from watercraft use tax.  But the Department determined that tax was owed and [...]

    0 0

    In Tannins of Indianapolis, LLC v. Indiana Department of State Revenue, Pet. No. 49T10-1303-SC-45 (March 31, 2014), Taxpayer (“Tastings”) sought a refund of use tax under the purchase for resale exemption, Ind. Code § 6-2.5-5-8, regarding the 2009, 2010, and 2011 purchases of programmable cards that operate its wine sample dispensing equipment.  Tastings owned and […]

    0 0

    Indiana allows an exemption from sales and use tax for items directly used or consumed in the direct production of tangible personal property.  The Indiana Tax Court last month concluded that a Taxpayer’s grinding and calibrating of work rolls used by mills was manufacturing – not simply repair work.  In Hoosier Roll Shop Services, LLC v. […]

    0 0

    Indiana has a 7% sales tax rate.  Earlier this year, the Indiana General Assembly passed a new statute, Indiana Code 6-2.5-2-3, which allows non-residents to purchase vehicles from Indiana dealers and pay the (typically lower) sales tax rate applicable in the non-resident’s jurisdiction.  To pay the lower rate, the purchaser must sign an affidavit stating […]

    0 0

      There’s a fair amount of talk lately about cutting taxes, instituting new taxes, and simplifying taxes in Indiana. All this is healthy debate, but we also need to focus on the distribution of our tax dollars. Here are some ideas that should help us invest more where it counts: The business personal property tax, […]

    0 0

    The following post was originally published by Law360 on December 18, 2014. The oral arguments before the U.S. Supreme Court last week in Alabama Department of Revenue v. CSX Transportation Inc. found the justices seeking a manageable way to evaluate whether a state tax statute is discriminatory while also keeping the case from appearing before the […]

    0 0

      In its final ruling of 2014, the Indiana Tax Court held that the Department of Revenue could not wrongly confiscate a taxpayer’s inventory, sell the inventory for pennies on the dollar, and avoid a refund by arguing the Court lacked jurisdiction to hear the claim.  The Court in Garwood v. Indiana Department of Revenue […]

older | 1 | (Page 2) | 3 | newer