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Multistate Tax  |  March 3, 2023
State Tax Matters
State Tax Matters
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Multistate Tax Alerts

Throughout the week, we highlight selected developments involving state tax legislative, judicial, and administrative matters. The alerts provide a brief summary of specific multistate developments relevant to taxpayers, tax professionals, and other interested persons. Read the recent alerts below or visit the archive.



Delaware: Invitations for 2023 unclaimed property voluntary disclosure agreement
The Delaware Secretary of State announced that invitations to enroll in its unclaimed property voluntary disclosure agreement program were mailed to companies on February 24, 2023. Companies receiving this notice have only 90 days to enroll in the program, before being referred to the Delaware Department of Finance for an unclaimed property audit that may yield a harsher result.

This Multistate Tax Alert provides background on Delaware’s unclaimed property law and addresses some taxpayer considerations related to its voluntary disclosure agreement program and these notices.
[Issued: February 27, 2023] More



Indiana enacts pass-through entity tax election
On February 22, 2023, the Indiana governor signed Senate Bill 2 (S.B. 2) into law. Under the legislation, pass-through entities may make an annual election to pay an entity level state tax for taxable years beginning after December 31, 2021.

This Multistate Tax Alert summarizes some of the provisions of the Indiana pass-through entity tax election.
[Issued: February 24, 2023] More



Louisiana Board of Tax Appeals rules that cloud storage services are exempt under the ITFA
On January 12, 2023, the Louisiana Board of Tax Appeals (Board) issued its decision in Apple, Inc. v. Samuel. The Board granted partial summary judgment in favor of the taxpayer, where it ruled that monthly subscription fees for the taxpayer’s cloud storage service are not subject to the City of New Orleans’ French Quarter Economic Development District (FQEDD) sales and use tax. The Board concluded that imposing the FQEDD tax on fees from services that provide “personal electronic storage capacity”—including Taxpayer’s cloud storage service—violates the Internet Tax Freedom Act (ITFA).

This Multistate Tax Alert summarizes the Board’s decision.
[Issued: February 23, 2023] More



Reminder: New York State and City pass-through entity tax deadlines approaching
The New York State and New York City pass-through entity taxes (“NYS PTET” and “NYC PTET”, respectively) have upcoming deadlines for tax years 2022 and 2023.

This Multistate Tax Alert summarizes important information relating to the PTET elections, quarterly estimated payments, extensions, and annual return filings.
[Issued: February 24, 2023] More



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In this issue

Arkansas: New Law Prohibits In-State Localities from Imposing Their Own Local Income Taxes Colorado: Comments Sought on Draft Proposed Rule on Qualified Business Income Deduction Addback Iowa DOR Adopts Rules on New Composite Return Requirements on Behalf of Nonresident Members Pennsylvania Supreme Court Affirms Refunds and Sourcing Revenue Under Benefits-Received Policy Virginia: New Law Updates State Conformity to Internal Revenue Code Wisconsin: Parent Fails to Show Intercompany Royalties Had Business Purpose and Economic Substance


North Carolina: Private Letter Ruling Addresses if Online Platform is a Marketplace Facilitator Pennsylvania Supreme Court Holds Two-Part Test Determines if Coupon Amount is Excluded from Purchase Price Texas: Collecting and Remitting Tax on Credit Ratings of Legal Entities Now Begins as of July 1


US Supreme Court Holds that Money Transfer Company Checks are Sufficiently Similar to Money Orders


Tennessee: Items Shipped from In-State Warehouse are Business Tax-Exempt Wholesaler-to-Wholesaler Sales


Delaware: Invitations for 2023 unclaimed property voluntary disclosure agreement Indiana enacts pass-through entity tax election Louisiana Board of Tax Appeals rules that cloud storage services are exempt under the ITFA Reminder: New York State and City pass-through entity tax deadlines approaching




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