Read our State and Local Tax Alerts for legislative updates from all 50 states and more.
Read our State and Local Tax Alerts for legislative updates from all 50 states and more.
In 2011, with a slowly recovering economy, the landscape began to change for the better in some states, but not in others. Instead of practically all states facing fiscal nightmares, a chasm has begun to grow between states that will continue to have significant trouble meeting their obligations, and states that will be well-prepared for whatever the future brings.
The Third Circuit Court of Appeals has affirmed a decision by the U.S. District Court of New Jersey to preliminarily enjoin provisions of New Jersey’s recently amended unclaimed property statute (Chapter 25). The injunction prevents both the retroactive enforcement of Chapter 25 and the prospective enforcement of a place-of-purchase presumption provision and corresponding guidance from the New Jersey Treasury.
The Massachusetts Department of Revenue has ruled that a taxpayer using third-party contract manufacturers was considered to be engaged in manufacturing for Massachusetts apportionment purposes because the taxpayer’s activities were essential and integral to the manufacturing process. Therefore, the taxpayer was required to use a single sales factor apportionment formula rather than the general three-factor apportionment formula with a double-weighted sales factor.
While the big picture seemed to stay about the same in 2011, significant changes in many of the states occurred this year, inspired by governors and legislatures empowered to make some difficult choices, and buttressed by active judiciary systems willing to decide SALT matters of importance.
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