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Multistate Tax  |  October 1, 2021
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Income/Franchise:
West Virginia: Proposed Rule Changes Reflect Adoption of Single Sales Factor and Market-Based Sourcing

Notice of Rule Modification of Proposed Amended Regs. Sections 110-24-1, 110-24-2, 110-24-3 et al., W. Va. State Tax Dept. (9/21/21); Notice of Agency Approval of Proposed Amended Regs. Sections 110-24-1, 110-24-2, 110-24-3 et al. and filing with Legislative Rule-Making Review Committee, W. Va. Dept. of Rev. (7/27/21). Following comments received from its initially proposed state corporation net income tax rules reflecting legislation enacted earlier this year [see H.B. 2026 (2021) and previously issued Multistate Tax Alert for more details on this new law], the West Virginia State Tax Department has issued modifications to its proposal. The lengthy proposed rules reflect new West Virginia 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.

The updated proposal includes a specified sunset date that the rule “shall terminate and have no further force or effect on August 1, 2027.” Please contact us with any questions.

 

—

Joe Garrett (Birmingham)

Managing Director

Deloitte Tax LLP

 

John Paek (Atlanta)

Principal

Deloitte Tax LLP

 

Meredith Harper (Birmingham)

Senior Manager

Deloitte Tax LLP

Ashley Higgins (McLean)

Senior Manager

Deloitte Tax LLP



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In this issue

Income/Franchise
Colorado DOR Proposes Special Industry Apportionment Rule Addressing Hedging Transactions

New Jersey: CBT Combined Reporting Initiative Extended Through 3 January 2022

West Virginia: Proposed Rule Changes Reflect Adoption of Single Sales Factor and Market-Based Sourcing

Sales/Use
Hawaii General Excise Tax and Use Tax are Not Expressly Preempted by FTZ Act

Illinois Rules on Marketplace Facilitator Obligations for Food Delivery Services are in Effect

Massachusetts DOR Withdraws Online versus In-store Sales Reporting for Some Sales Tax Filers

Mississippi DOR Proposes Changes to Rule on Computer Software and Services Addressing Cloud Computing

New York Trial Court Dismisses Suit Against Retailer on Tax Treatment of Instant Savings Program

Tennessee DOR Addresses New Law Allowing Some Customers to Directly File Sales Tax Refund Claims

Texas Comptroller Says it Will Not Enforce Some Rule Changes Involving Local Tax Sourcing

Texas: Proposed Rule Changes for Comment Define Bad Debt Credit Terms and Reflect Policy

Utah Administrative Ruling Holds that Online Access to Training Platform is Taxable

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