Governor Hochul rang in the new year by vetoing a bill that expanded the New York State False Claims Act (“FCA”) to permit claims against non-filers. Specifically, on December 31, 2021, Governor Hochul vetoed Senate Bill S4730 (Assembly Bill A2543), explaining in Veto Message No. 83 that “the language in the bill is broader than impacting only non-filers, and would implicate more tax filing controversies to the False Claims Act than just non-filers. This would…
Beginning November 1, 2021, the Louisiana Department of Revenue (âDepartmentâ) will be offering taxpayers the opportunity to participate in a voluntary transfer pricing âmanaged auditâ program (the âProgramâ). 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 Supreme Court has denied review of New Hampshireâs lawsuit against Massachusetts seeking to invalidate the latterâs controversial personal income tax sourcing regulation. The Supreme Courtâs highly anticipated decision was likely influenced by the acting U.S. Solicitor Generalâs amicus brief arguing against the Supreme Court taking up the case. The Supreme Court has thus passed on reviewing the broader issue of whether and to what extent a state may impose its personal income tax on…
In an order released in July 2021, the Illinois Tax Tribunal denied a taxpayerâs motion for summary judgment in a âunitary businessâ case, finding that there were disputed issues of fact as to whether the taxpayer was engaged in a unitary business with a company that the taxpayer sold. See Christopher v. Illinois Depât of Rev., 19 TT 131 (Ill. Tax Trib. Nov. 24, 2020, released July 2021). The taxpayer, T. Christopher Holding Company (âHolding Companyâ), claimed that it was not unitary with Vogue International, LLC (âOperating Companyâ), and thus its gain from the sale of Operating Company could not be included in Holding Companyâs Illinois business income under U.S. constitutional principles and Illinois law. However, the Tribunal found that the Illinois Department of Revenue (âDepartmentâ) had presented sufficient evidence to establish a disputed issue of material fact that rendered summary judgment on this issue inappropriate.