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Multistate Tax  |  February 3, 2023
State Tax Matters
State Tax Matters
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Income/Franchise:
Missouri DOR Proposes Permanent Rule to Implement New Optional Pass-Through Entity-Level Tax

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Proposed 12 CSR 10-2.436 SALT Parity Act Implementation, Mo. Dept. of Rev. (2/1/23). Pursuant to legislation enacted in 2022 that permits certain pass-through entities to make an election to pay an entity-level state income tax in Missouri for taxable years ending on or after December 31, 2022 [see H.B. 2400 (2022), and previously issued Multistate Tax Alert for more details on this new entity-level income tax], the Missouri Department of Revenue (Department) proposed to adopt a permanent new rule addressing how a partnership or an S corporation may elect to become an “affected business entity” under Missouri law; how and when to file the entity-level Missouri income tax return; how to designate an affected business entity representative for a tax year; and underlying estimated tax and withholding obligations of an affected business entity. Comments on this proposed new rule must be received within 30 days after its February 1, 2023 publication in the Missouri Register. Note that the Department recently adopted a similar emergency rule earlier this year [see State Tax Matters, Issue 2023-1, for more details on the new emergency rule]. Please contact us with any questions.

 

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David Kennedy (St. Louis)

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Deloitte Tax LLP

 

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Gregory Bergmann (Chicago)

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Roburt Waldow (Minneapolis)

Principal

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Shirley Wei (Los Angeles)

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Olivia Schulte (Washington, DC)

Manager

Deloitte Tax LLP

 



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In this issue

California: Updated FTB Guidance Postpones Requirements to Report California Tax Basis Capital Accounts until 2023 Missouri DOR Proposes Permanent Rule to Implement New Optional PTE-Level Tax Texas Supreme Court Denies Review of Taxpayer Favorable Case Involving Reduced Rate and COGS Deduction


New York Tax Tribunal Overturns ALJ to Hold 100% Refund on Investment Tax Credit Carryovers Allowed


Arizona: Appellate Court Affirms that Company’s Licensed Human Resources Software is Taxable Colorado DOR to Hold Work Group Meeting on New Law Imposing Added Penalties on Some Refund Claims Texas Comptroller of Public Accounts Adopts Local Tax Situsing Rule Amendments


Washington Department of Revenue to administer capital gains tax while state court case is pending




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