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Multistate Tax  |  August 6, 2021
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Income/Franchise:
West Virginia: Revised Rules Reflect Newly Adopted Single Sales Factor and Market-Based Sourcing

Notice of Approval of Proposed Amended Regs. Sections 110-24-1, 110-24-2, 110-24-3 et al., W. Va. Dept. of Rev. (7/27/21); Proposed Amended Regs. Sections 110-24-1, 110-24-2, 110-24-3 et al., W. Va. Dept. of Rev. (6/2/21). The West Virginia Department of Revenue (Department) adopted amended state corporation net income tax rules reflecting recently enacted legislation [see H.B. 2026 (2021) and previously issued Multistate Tax Alert for more details on this new law] that includes:

  • Moving from a three-factor apportionment formula consisting of property, payroll and double-weighted sales to a single-sales factor formula, effective for tax years beginning on or after January 1, 2022;
  • Eliminating the sales factor “throw-out” rule for certain sales of tangible personal property made on or after January 1, 2022; and
  • Adopting market-based sourcing for certain receipts derived from services and intangible property on sales made on or after January 1, 2022, in place of its “costs of performance” sourcing methodology.

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Joe Garrett (Birmingham)

Managing Director

Deloitte Tax LLP

 

John Paek (Atlanta)

Principal

Deloitte Tax LLP

 

Meredith Harper (Birmingham)

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Ashley Higgins (McLean)

Senior Manager

Deloitte Tax LLP



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In this issue

Income/Franchise
California: Out-of-State Investors Deemed as Doing Business Based on Property Owned Through LLC

Florida DOR Explains Updated State Conformity to Internal Revenue Code and Decoupling Provisions

New Jersey: COVID-19 Temporary Suspension Period for Corporate Tax Nexus Purposes Ends October 1

West Virginia: Revised Rules Reflect Newly Adopted Single Sales Factor and Market-Based Sourcing

Gross Receipts
Washington DOR Issues Proposed Rule Implementing B&O Tax Workforce Education Surcharges

Sales/Use
Nebraska: State High Court Says Resale Exemption Does Not Apply as Re-Lease is Not for “Business”

New Jersey: COVID-19 Temporary Suspension Period for Sales Tax Nexus Purposes Ends October 1

Texas: Some Administrative Rule Changes Involving Local Tax Sourcing Take Effect on October 1

Multistate Tax Alerts



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