As part of the growing trend of states seeking to tax digital activities and data, New York is considering yet another data tax proposal that would tax the collection of personal data for commercial purposes. This latest proposalâwhich is contained in Senate Bill 4959âwould impose a new excise tax âon the collection of consumer data of individual New York consumers by commercial data collectors.â  The tax would apply regardless of how the data is collected, whether by electronic or other means. Under the proposal, âconsumer dataâ is âany information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with a consumer, whether directly submitted to the commercial data collector by the consumer or derived from other sources,â and a âconsumerâ includes individuals who purchase goods or services from a commercial data collector and individuals who use the services of a commercial data collector, whether charged for those services or not. A âcommercial data collectorâ is a âfor-profit entity that: (i) collects, maintains, uses, processes, sells or shares consumer data in support of its business activities; and (ii) collects consumer data, other than consumer contact information, on more than one million individual New York consumers in a month within the calendar year.â  The bill would add the tax to a new section 186-h, within Article 9 of the New York Tax Law.
New York lawmakers recently introduced two bills to expand the application of the New York State False Claims Act (âFCAâ). The first intends to require the FCA to apply to non-filers, the second to remove the scienter element (i.e., no longer imposing a âknowingâ requirement). Although both bills are retroactive and concerning, removing the scienter element should put all businesses on high alert as enforcement of the tax laws could now be in the hands…
On July 21, the Washington Department of Revenue (âDORâ) issued its analysis of the Court of Appealsâ decision from March 30, 2020, in LendingTree, LLC v. Depât of Revenue, no. 80637-8-I (Wash. App. Ct. Mar. 30, 2020). Â As set forth in the analysis, from the DORâs perspective, the LendingTree court followed the existing Washington Business and Occupation tax (âB&Oâ) attribution rules and guidance and did not create a new interpretive legal framework.[1]Â Although the DOR lost the case, and the court held that LendingTreeâs receipts could not be sourced based where its customersâ customers were located, the DORâs response suggests that they are factually distinguishing the case and will continue to attribute receipts to the customerâs customer location if that is where it determines the benefit of the services occurs.
On Monday, July 27, the Senate Finance Committee released draft legislative provisions (âCOVID-19 Billâ) regarding the next iteration of Coronavirus relief. Somewhat surprisingly, the provisions include the Remote and Mobile Worker Relief Act of 2020, which was introduced earlier this year as S. 3995 by Sens. Sherrod Brown (D-OH) and Jon Thune (R-SD). S. 3995 appears to be based on S. 604, the Mobile Workforce State Income Tax Simplification Act (âMobile Workforce Actâ), which was…