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Drew Hemmings

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California Data Extraction Bill Advances in the Senate

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The California legislature is proposing a 7.25% tax on “data extraction transactions in the state” through Senate Bill (“SB”) 1327. If enacted, the bill would target businesses that monetize data extracted from users (e.g., social media companies, large search engines, online retailers, etc.). “Data extraction transaction” means: “(A) A taxpayer sells user information or access to users to advertisers” and“(B) The taxpayer engages in a barter by providing services to a user in full or partial…

The Illinois Appellate Court Boots False Claims Suit Against Foreign Tailor

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The Illinois False Claims Act (“IFCA”) has been perpetually abused by parasitic litigants seeking to force businesses into unwarranted tax claims. In the latest example, The People ex rel. Stephen B. Diamond v. Henry Poole & Co., Ltd., the Illinois Appellate Court (the “Court”) rejected an action filed by a well-known IFCA litigant against a UK-based tailor, Henry Poole & Co (“Poole”), for failure to collect Illinois use tax on custom clothing sold and shipped…

Louisiana Latest State to Institute Voluntary Transfer Pricing Audit Program

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Beginning November 1, 2021, the Louisiana Department of Revenue (“Department”) will be offering taxpayers the opportunity to participate in a voluntary transfer pricing “managed audit” program (the “Program”). Pursuant to a recently released Department information bulletin, the purpose of the Program is to: Create an efficient and expedited resolution for corporate tax audits when transfer pricing issues exist; andProvide certainty and uniformity to taxpayers on the resolution of transfer pricing issues for open audit periods…

The City of Chicago Issues Nexus Guidance and Safe Harbor In Light of Wayfair and Illinois State Level “Economic Nexus” Standards

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The City of Chicago recently issued nexus guidance and a limited safe harbor for City tax purposes in light of the U.S. Supreme Court’s pivotal South Dakota v. Wayfair ruling and the State of Illinois’ statutory economic nexus standards. True to form, the City implemented its new nexus standards by executive action via publication of a “nexus and safe harbor” “information bulletin” on its website (available on the City’s website, here), as opposed to the Chicago City Council more formally (and more appropriately) adopting a new ordinance.

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