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Multistate Tax  |  December 2, 2022
State Tax Matters
State Tax Matters
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Sales/Use/Indirect:
District of Columbia Attorney General Announces Settlement with Online Product Delivery Company for Back Taxes

Newsroom Release: Settlement Requires Payment of $6 Million For Soliciting Tips That Did Not Go to Delivery Drivers & Failing to Pay Sales Tax, D.C. Office of the Attorney General (11/17/22). District of Columbia (District) Attorney General Karl A. Racine announced that an online product delivery company must pay millions of dollars to resolve allegations that it failed to i) ensure delivery drivers received tips left by consumers, and ii) pay required sales and use taxes on underlying charged service fees and delivery fees, as well as taxes owed under the District’s marketplace facilitator laws that first took effect on April 1, 2019. Under the settlement (a copy of which is posted online), the company “correctly acknowledges that it has a legal obligation to collect and remit these taxes and has agreed to do so going forward.” The settlement agreement notes that the District had alleged that the company engaged in certain unlawful trade practices in violation of the District’s Consumer Protection Procedures Act, as well as knowingly avoided its obligations to pay certain applicable District sales and use taxes in violation of the District’s False Claims Act. Please contact us with any related questions.

 

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Joe Carr (McLean)

Managing Director

Deloitte Tax LLP

 

Joe Garrett (Birmingham)

Managing Director

Deloitte Tax LLP

 

Jennifer Alban-Bond (McLean)

Senior Manager

Deloitte Tax LLP

 



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In this issue

Administrative
Multistate Tax Commission: Nexus Committee Revises Voluntary Disclosure Program Procedures

Income/Franchise
Arkansas: Adopted Rule Implements Election to Pay Tax at the Pass-through Entity Level

California: Lawsuit Filed by Trade Association that Challenges FTB Memo on P.L. 86-272 Moves Forward

Colorado: Proposed Rules Address Treatment of Foreign Source Income and Net Operating Losses

Colorado Taxpayer Must Include Accounts Receivables Subsidiary on State Combined Return

Colorado Couple May File Amended Return to Claim Refunds on Retroactive CARES Act Provisions

Florida: Service Provider Permitted to Source Receipts Out-of-State Based on Costs of Performance

Massachusetts DOR Posts Draft Release on FY 2023 Budget Including IRC §199A Decoupling

North Carolina DOR Issues Updated Guidance on Pass-through Entity Tax Election

Ohio Supreme Court Holds for Taxpayer on Sourcing Service Revenue Streams Under CAT Statute

Pennsylvania: City of Philadelphia Ordinance Fixes Error to Lower Business Tax Rate a Year Earlier

Washington Supreme Court Grants State’s Motion to Stay Capital Gains Tax Ruling While Case is Pending

Sales/Use/Indirect
California: CDTFA Proposes Adoption of Marketplace Sales Rule through Regular Non-Emergency Process

DC Attorney General Announces Settlement with Online Product Delivery Company for Back Taxes

Illinois Appellate Court Says Chicago Lease Tax is Neither a Local Sales Tax Nor an Ad Valorem Tax

Indiana: Platform’s Sales of Virtual Items are Not Taxable Digital Codes or Specified Digital Products

Ohio: Amended Rule Repeals Sourcing Sales of Internet Access Services to Consumer’s Place of Primary Use

Unclaimed Property
New York: New Law Addresses Virtual Currency as Potentially Reportable Abandoned Property

Other/Miscellaneous
Maryland Comptroller Appeals Case Striking Down Novel Gross Receipts Tax on Digital Ad Services

Ohio Supreme Court Says Local Franchise Fees Do Not Apply to Streaming Companies

Tennessee Supreme Court Says Local Franchise Fees Do Not Apply to Streaming Companies

Multistate Tax Alerts



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