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Multistate Tax  |  September 1, 2023
State Tax Matters
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Property:
Oregon Tax Court Holds in Taxpayer’s Favor that Statute Taxing Intangible Property is Unconstitutional

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TC Case No. 5409, Or. Tax Ct. (8/23/23). In an unpublished order of the Regular Division of the Oregon Tax Court (Court), the Court held that Oregon Rev. Stat. section 308.515(1) involving the taxation of intangible property held by centrally assessed businesses violated the US Constitution’s Equal Protection Clause and Oregon Constitution’s Uniformity Clause as it pertained to a particular air transportation company, because it taxed intangible property used in certain industries while exempting other materially identical transportation companies. Specifically, the Court explained that it found no genuine differences between the air transportation company’s taxable use of intangible property in its transportation business and the exempt use of intangible property in road transportation businesses or in other businesses that rely on a network of property. Please contact us with any questions.

 

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Steve Crane (Atlanta)

Managing Director

Deloitte Tax LLP

Ted Kuch (New York)

Principal

Deloitte Tax LLP



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In this issue

Maine: Newsletter Addresses New Limitations on Requests for Reconsideration to Board of Tax Appeals


New Jersey: Updated IRC § 163(j) Bulletin Reflects New Law that Sunsets Related Member Expense Disallowance Provisions New Jersey: Updated Bulletin Reflects New Law that Defines Combined Group and Moves to Finnigan Method New York City: New Law Extends Expiring General Corporation Tax and Personal Income Tax Rates Oregon: City of Salem Says Newly Enacted Payroll Tax Will Go Before Voters on November Ballot


Missouri DOR Proposes Changes to Rules Addressing Manufacturing and Resale Exemptions Ohio: Resale Exemption Does Not Apply to Property Substantially Enhanced After Original Purchase


Oregon Tax Court Holds in Taxpayer’s Favor that Statute Taxing Intangible Property is Unconstitutional Vermont: New Law Orders Reappraisals for Municipalities Every Six Years


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