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.
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