New York lawmakers recently introduced two bills to expand the application of the New York State False Claims Act (“FCA”). 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 “knowing” 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…
The Baker McKenzie SALT team presented the second session of its monthly webinar series covering coast-to-coast state and local tax developments on August 5, 2020. This month’s SALT Savvy webinar features Baker McKenzie Economist Holly Glenn, who shares her thoughts on the recent transfer pricing developments in Indiana and other states. If you were unable to attend the session, links to the recording and materials are provided below: View the recorded webinar Download the materials
Two states recently unveiled transfer pricing enforcement tactics to, in their view, combat improper intercompany profit shifting.
The Utah Supreme Court handed taxpayers a victory on October 5, 2018 when it issued a unanimous (5-0) decision in the closely-watched Utah State Tax Commission v. See’s Candies, Inc., 2018 UT 57 (Oct. 5, 2018). The Court affirmed the district court’s holding that the Utah State Tax Commission’s (“Commission”) discretionary authority to reallocate a taxpayer’s income under Utah Code Section 59-7-113 (“Section 113”) is limited by the “arm’s-length” standard set forth in the federal…