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Multistate Tax  |  May 12, 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.



Treasury releases guidance on Superfund excise taxes
The Internal Revenue Service (“IRS”) and Department of the Treasury (“Treasury”) published a Notice of Proposed Rulemaking (“NPRM”) on March 29, 2023, relating to the Superfund excise taxes imposed on certain chemicals and certain imported substances (Superfund chemical taxes). The NPRM contains proposed Treasury Regulations that clarify certain Superfund excise tax provisions, as reinstated under the Infrastructure Investment and Jobs Act of 2021. Written or electronic comments and requests for a hearing must be submitted by May 30, 2023.

Additionally, the IRS released Revenue Procedure 2023-20 on March 27, 2023, which modifies the rules for refund claims related to exports of taxable chemicals under Internal Revenue Code section 4662(e). On the same date, the IRS also released Notice 2023-28, which extends the temporary penalty relief provided in IRS Notice 2022-15 related to deposits for Superfund chemical taxes.
[Issued: May 3, 2023] More



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In this issue

Indiana: New Law Creates State and Local Tax Review Task Force to Issue Report by December 1, 2024 Maryland: New Law Creates Taxpayer Advocate Division Within the Comptroller’s Office Montana: New Law Says Cryptocurrencies and NFTs Used as Payment Methods are Not Taxable


Georgia: New Law Allows More Entities to Make Pass-Through Entity Tax Election Indiana: New Law Updates State Conformity to IRC and Addresses NOLs, R&D Deduction, and Mobile Workforce Maryland: New Law Narrows Definition of “Captive REIT” Subject to Dividends Paid Deduction Addback New York ALJ Holds that Federal ITFA Preempts Taxation of Receipts from Certain Telecom Services


Washington DOR Proposes Changes to Rule Addressing Sourcing of Services for B&O Tax Purposes


California: Trade Association Asks US Supreme Court to Review Case Involving Online Remote Sellers Colorado: New Law Permits Retailers to Pay Retail Delivery Fee on Behalf of Purchasers Michigan: New Law Expands Industrial Processing Exemption to Include Activities Performed on Some Aggregate Washington: US District Court Holds Sales of Gift Cards for Video Game Digital Currency are Not Exempt


Kentucky Asks US Supreme Court if Incentive to Purchase In-State Versus Out-of-State Coal is Valid Louisiana Appellate Court Affirms Dismissal of Franchise Fee Suit Against Streaming Platform Companies Maryland Supreme Court Vacates Decision Invalidating Gross Receipts Tax on Digital Ad Services


Treasury releases guidance on Superfund excise taxes




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