State and Local Tax

Effective January 1, 2022, the California Franchise Tax Board (“FTB”) has the authority under Assembly Bill 466 to share information with the State Controller’s Office (“SCO”) relating to a taxpayer’s compliance with the California’s unclaimed property laws. To gather this information, the FTB has added a few questions to California’s business entity tax returns for tax year 2021, including whether…

As we move into harvest season, we here at Cover Your SaaS (CYS) have cultivated a fresh crop of updates for your enjoyment. Keen observers will note that there has been a somewhat larger gap than usual between newsletters and we admit, it has been a minute. Of course, absence makes the heart grow fonder so we are excited to…

On January 21, 2021, the Chicago Department of Finance (“Department”) issued an anticipated Information Bulletin (“Nexus Bulletin”) providing guidance on nexus and establishing a prospective “safe harbor” for certain taxes, including electronically delivered amusements under the Chicago’s Amusement Tax (“Amusement Tax”) Ordinance and nonpossessory computer leases taxed under the Chicago Personal Property Lease Transaction Tax (“Transaction Tax”) Ordinance.

On November 16, 2020, the City Council for the City of Chicago (“City Council”) amended the Chicago Personal Property Lease Transaction Tax Ordinance (“Ordinance”), eliminating the lower rate of tax on a nonpossessory lease of a computer, which includes “cloud” software products.

With the holidays upon us, it seems like a good time to take a pleasant stroll through the cloud computing and digital product SALT developments you and your clients should be aware of. We returned to the “classic” format for this edition, organizing the stories by jurisdiction, headlining them in summary fashion, and then providing context and snappy analysis. If you have follow-up questions, please let us know.

Welcome to the third edition of Cover Your SaaS. Following a brief mid-summer hiatus from which the authors returned pale as ever, we dive once more into the cloud computing and digital product SALT developments you and your clients should be aware of. This is a bumper edition, so we have organized the updates by general topic rather than solely by jurisdiction.

Welcome to the second edition of Cover Your SaaS, your new favorite(ish) semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Far from accepting a sophomore slump, this edition boldly delves into SALT developments in the digital products sphere, the importance of separately stating charges, and the dangers of straying into taxable telecommunications.

Welcome to the first edition of Cover Your SaaS, a new semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Using the latest in news-scanning technology, i.e., the daily emails that land in our inbox, our goal is to keep you updated on key SALT developments in the digital and cloud computing space.

House Bill 3394, approved by the Governor on August 27, 2019 and effective immediately (Public Act 100-589), amends the Business Corporation Act of 1983 (“BCA”) to add new Section 8.12 and amend Section 14.05.

In a prior post, I explained the basics of the Chicago Personal Property Lease Transaction Tax (“Transaction Tax”), including the applicability of the tax to tangible personal property and software, potentially applicable exemptions and exclusions from the tax, and collection issues. This follow-up post in the Practitioner Series further clarifies the application of the Transaction Tax to “cloud” software products and explores the interplay with the Illinois Retailers’ Occupation Tax (“ROT”).

State taxation of corporate partners in multistate partnerships raises interesting issues. In many circumstances, the corporate partner is subject to multistate taxation and is therefore engaged in the process of allocating and apportioning its income on a multistate basis.

The "Parking Lot Tax" has recently been targeted by the Cook County Department of Revenue. In the past 3-5 years, we have seen a significant uptick in the Department's audit activity, and challenges to Taxpayer positions. Their efforts have primarily focused on the enforcement of its Amusement, Tobacco, and Gasoline and Diesel Taxes. However, more recently, the Department has turned its attention to its Parking Lot Tax.

Illinois? treatment of leases is an anomaly when compared to almost all other jurisdictions. While most jurisdictions impose sales tax on the lease receipts collected from the lessee, the user of the equipment, Illinois differs by treating the lessor as the user of the equipment. As such, the lessor is subject to Illinois use tax.

A recent national trend in the practice field of state and local tax has been the uptick in local jurisdictions' audit activity. The Cook County Department of Revenue has taken aggressive positions in the interpretation of its tax ordinances which has led to increased litigation in the administrative proceedings before the Cook County Department of Administrative Hearings. This post provides an overview of the Department's audit and ensuing D.O.A.H. processes and will highlight some of the procedural differences compared to other jurisdictions such as Chicago and Illinois.

Three years ago, Illinoisans cheered the changes to the motor vehicle leasing law that were to lead to tax savings for lessees and level the playing field with other state's leasing laws. Now, as the first wave of three-year leases comes to an end, lessors can no longer afford to overlook these changes regarding the post-lease charges.

Today marks the first time in over two years that Illinois will be operating under a budget. This is a result after the House voted to override Governor Rauner?s veto of Senate Bill 9. The House garnered the necessary votes to end the two year stalemate full of political puffery and sparring. Some of the relevant changes that Illinois? taxpayers should be aware of are noted below. All changes are effective July 1, 2017, unless otherwise noted.

On August 3, 2022, Marilyn A. Wethekam, Richard Cram and Professor Richard D. Pomp will present, “Dilworth and the Value of Antiquated Precedents” at the Multistate Tax Commission’s Annual Meeting. They will examine the context of Quad Graphics and Dilworth to frame the broader issue of the precedential value of decades-old U.S. Supreme Court decisions.

After years of legal back-and-forth, Apple has settled its challenge against Chicago’s amusement tax. David A. Hughes discusses Apple’s settlement with Law360 and says businesses that had hoped this case would shed light on how the tax might apply to their services will be left with open questions.

In “Top 5 State & Local Tax Policies Of 2022” by Law360, Jordan M. Goodman shares his thoughts on the Multistate Tax Commission’s interpretation of P.L. 86-272. Jordan says, “I'm not an engineer, but it just seems to me that there's no difference between what was accepted with what you could do by phone call and what you can do by being online.”

When it comes to managing unclaimed property, there are many nuances you need to be aware of. On July 14th, join David Hughes, Mark Heroux and Zeinat Zughayer for a webinar where they will discuss the basic principles of unclaimed property and address current updates with regard to managing it.

Christopher T. Lutz discusses the latest decision in Ooma Inc. v. Oregon Department of Revenue with Tax Notes. According to Chris, Ooma raised a fair question in its cert petition.

Jordan M. Goodman discusses cookie nexus and the retroactive effect with Tax Notes.

With thousands of tax jurisdictions and numerous tax types, compliance with state and local tax laws can be endlessly complex. Marilyn A. Wethekam will discuss the types of fees companies encounter and best practices for compliance, as well as common traps to avoid, at the 2022 IPT Annual Conference.

On June 27th, Samantha K. Breslow will provide a refresher on the basics of state and local income taxation at the 2022 IPTAnnual Conference. During her presentation, she will also give an overview of how cities, countries and other local jurisdictions tax employees and employers based on their worksite or residence.

HMB’s Marilyn A. Wethekam and Nancy Prosser, General Counsel for the Multistate Tax Commission, will provide a Legal Case Review at the 2022 FTA Annual Meeting. They will dive into cases and decisions that will shape the future work of tax administrators.

David A. Hughes and Jordan M. Goodman provided an update on recent development in the world of State and Local Tax.

On June 8th, Jordan M. Goodman will present a National Survey of the SALT Landscape at the FICPA MEGA Conference. You won’t want to miss this lively discussion about the latest state tax developments across the country!

Jordan M. Goodman is presenting, “Fundamentals of Formulary Apportionment” and “Ethics” at the IPT 2022 State Income Tax School. See below for details about his upcoming presentations. Georgia Tech Hotel & Conference Center, Atlanta, GA Fundamentals of Formulary Apportionment 1:45 – 6:00 PM | July 19, 2022 Jordan will discuss the basic rules of formulary apportionment for state income taxes.…

Join Jordan M. Goodman, David Brunori, Richard Pomp, Christopher DeZinno and Maria Koklanaris for an upcoming webinar with Law360 Tax Authority on June 1st. You won’t want to miss this exciting discussion of hot topics in state and local tax!

Marilyn A. Wethekam and David W. Machemer will present “Leading Trends in State Income Taxes” and “State Audit Best Practices” for the Tulsa Chapter of TEI. They will explore current issues in state income tax and discuss state audit best practices.

David A. Hughes and Jordan M. Goodman will provide a National SALT Update at the AGN North America Regional Meeting. They will cover recent and noteworthy SALT developments including nexus, remote workers, sourcing, digital goods, SAAS, cloud computing and more.

HMB’s Jordan M. Goodman has been named to Law360’s 2022 State and Local Tax Editorial Board. The editorial advisory board provides feedback on Tax Authority’s coverage and expert insight on how best to shape future coverage. Congrats, Jordan!

On May 17th, Marilyn A. Wethekam and David W. Machemer will present “Leading Trends in State and Local Taxation” at the TEI - Houston Chapter Tax School. Marilyn and David will discuss the current issues in state income tax and the trends that are emerging from those issues.

Join Marilyn A. Wethekam and Jordan M. Goodman for COST's 2022 Intermediate/Advanced Sales & Use Tax School. On May 16th, they will present, “Situs: Who Can Tax the Transaction” and examine the consistent and inconsistent ways states are trying to tax transactions while attempting to bolster sagging revenues.

On May 16th, Christopher T. Lutz will present, “Jurisdictions to Tax” at COST’s 2022 SALT Basics School. Chris will review the various restrictions on a state’s ability to impose taxes such as constitutional restrictions, federal legislation and judicial pronouncements.

The Illinois Supreme Court recently ruled Cook County may not spend its transportation tax revenue on non-transportation-related purposes. David A. Hughes told Tax Notes the decision underscores that a home rule jurisdiction’s spending authority is not unlimited.

Marilyn A. Wethekam’s “Tin Cans and Sheep,” was recently published in Tax Notes State's article, “Justice Stephen Breyer: A Model of Clarity.” In her section, she reflects on Justice Stephen Breyer’s role in interpreting and shaping state tax law and discusses what his retirement will mean for the state and local tax community.

The state tax agency recently proposed a rule where businesses that are exempt from a foreign country’s tax due to treaties would no longer need to account for their receipts into those jurisdictions when determining their Illinois income tax liability. Christopher T. Lutz discusses the proposed rule with Law360 and says it would better align Illinois’ tax regime with its market-based sourcing approach and single-sales-factor apportionment formula.

HMB is proud to be a sponsor of the Council on State Taxation (“COST”) and the Chicago Tax Club (“CTC”) 2022 Mid-West Regional State Tax Seminar. Join David A. Hughes, Marilyn A. Wethekam and David W. Machemer for various SALT updates.

One of the most relevant and complex issues in state tax today is how states should tax partnerships. In Law360’s “3 Things To Know About State Taxation Of Partnerships Now,” David A. Hughes discusses recent cases that are causing controversy in state tax partnership law.

How states obtain revenue has come under more intense scrutiny due to the COVID-19 pandemic. On April 26th, David A. Hughes will discuss the merits of different revenue sources, give state examples that have succeeded and failed and share the latest state policy proposals at the Sales Tax Institute's Advanced Sales and Use Tax Workshop.

Sam will dig into the tax implications for an array of technologies including software, SaaS, digital goods, streaming content, cloud computing, digital advertising and cryptocurrency.

The U.S. Supreme Court recently denied a petition from a multistate business that claimed New Jersey’s partnership filing fee was unconstitutional. According to David A. Hughes, there was little question that New Jersey’s fee fails the internal consistency test.

In “Texas Decision Stymies Tax Agency Attempt At Policy Change by Law360, Jordan M. Goodman discusses the Texas Supreme Court's decision to reverse a lower appellate court’s ruling. Jordan says, “The Texas Supreme Court, in overturning the lower court, simply conducted a plain reading of the statute as it was drafted.”

Christopher T. Lutz will present, “Alternative and Non-Traditional Challenges to Income Taxes” at the Council on State Taxation’s 2022 Income Tax Conference & Spring Audit Session.

Marilyn A. Wethekam and Jordan M. Goodman will provide an All State Update for the Tax Executives Institute (“TEI”) Tax School.

David A. Hughes found the court’s ruling surprising, as Apple had previously amended its complaint and tax matters are rarely dismissed for failure to sufficiently state a claim.

Reproduced with permission from Bloomberg Tax & Accounting. Copyright 2021 by The Bureau of National Affairs, Inc. (800-372-1033) https://pro.bloombergtax.com The below excerpt is from Bloomberg Tax’s Annual “Survey of Local Tax Departments.” The survey provides insights from experts on fundamental local tax issues from local tax departments across the country. Read the full survey analysis on Bloomberg Tax here (subscription…

On March 30, Jordan M. Goodman will participate in a Mock Trial at the Annual Unclaimed Property Professional Organization.

Jordan M. Goodman is presenting, “Sales Tax in a Post Wayfair Environment” for YPO’s Southern 7 Chapter.

David A. Hughes and Samantha K. Breslow will provide a state and local tax update at the Illinois CPA Society Corporate Finance Conference.

Samantha K. Breslow will provide a Chicago tax update for the Chicago Bar Association’s State and Local Tax Committee.

Jordan M. Goodman discusses trending SALT issues and policies with Professor Richard D. Pomp during the Annual “Big Easy Brawl” at the ABA/IPT Virtual 2022 Advanced Tax Seminars.

David A. Hughes moderates, “State Transfer Pricing: Challenges, Issues and Opportunities for Multistate Taxpayer” at the ABA/IPT Virtual 2022 Advanced Tax Seminars.

Jordan M. Goodman Discusses Priority Rules for Unclaimed Property Disputes with Law360.

Jordan M. Goodman is presenting, “Successful Pursuit of Transactional Tax Refunds – From Audit Through Appeals” at the 2022 COST Sales Tax Conference and Audit Session.

In his article, David A. Hughes discusses how to approach unclaimed property self-audits and provides a brief history and overview of Illinois’s Unclaimed Property Act.

David A. Hughes and David Blum, Deputy Chair, Tax Practice Group at Akerman LLP, will discuss important sales, use and excise tax cases filed in 2021 that impact your business in this upcoming webinar.

Jordan M. Goodman presents, “Possibilities and Paths Forward in Multistate Taxation: Welcome Back,” at the 2022 National Multistate Tax Symposium on 2/10/22.

Marilyn A. Wethekam Presents at the 2022 National Multistate Tax Symposium on 2/11/22.

In this installment of Board Briefs, Tax Notes State advisory board members, including HMB’s Marilyn A. Wethekam, welcome the 2022 new year. Read the entire Board Briefs here. Download Marilyn’s article here. 2022: The New Normal By Marilyn A. Wethekam 2020 could be characterized as the year one learned to manage the shock of COVID. 2021 could be characterized as…

In the second episode of SALTovation’s two-part series, Jordan M. Goodman continues his conversation with Rich Pomp.

Jordan M. Goodman Discusses SALT Issues on the SALTovation Podcast.

David W. Machemer Presents, “Practical Ways to Avoid Qui Tam/Whistleblower Lawsuits” at NYU’s 40th Annual Institute on State and Local Taxation.

Marilyn Wethekam, Jordan Goodman and Chris Lutz present, "Notes from the Courtroom: An Update on State Corporate Income Tax Litigation Across the Country."

Jordan M. Goodman Interviewed by Law360: “7 Things Tax Pros Are Grateful For This Thanksgiving Season”.

David A. Hughes and Samantha K. Breslow Discuss Chicago’s Cloud Tax and Audits with Bloomberg Law.

Christopher T. Lutz Discusses Localities Outsourcing Tax Services with Law360.

Upcoming Webinar: Chris T. Lutz Presents, “State Taxation of Digital Goods, Services and Software in 2021” with Duff and Phelps.

David A. Hughes Moderated, the SALT Roundtable at the ABA Virtual Fall Tax Meeting.

David A. Hughes Moderated, “Income Tax Nexus: Implications of Wayfair” at the ABA Virtual Fall Tax Meeting.

David A. Hughes Presented, “State and Local Tax Issues for a Mobile Workforce” at the Association of Consumer Vehicle Lessors.

David A. Hughes Presents, “State and Local Tax Issues in Corporate M&A” at the Practising Law Institute in Chicago.

Marilyn A. Wethekam presents at the New England State and Local Tax Forum.

David A. Hughes and Jordan M Goodman present at the AGN Annual Conference in Miami.

Jordan M. Goodman presents at the CPAmerica 2021 Tax Conference.

Jordan M. Goodman presents at the MICPA Michigan Tax Conference.

David A. Hughes will be moderating, and Samantha K. Breslow will be presenting a session at the Chicago Tax Club’s 67th Annual Fall Seminar.

Fred O. Marcus discusses the cannabis industry and how it continues to establish itself in California.

In an article by Law360, Marilyn A. Wethekam discusses the ambiguity found in the updated Multistate Tax Commission (“MTC”) guidance regarding when internet business activities exceed federal protections against state income tax.

Marilyn A. Wethekam and Samantha K. Breslow present at the Annual National Association of State Bar Tax Sections (“NASBTS”) Conference.

Marilyn A. Wethekam and Jordan M. Goodman will discuss Illinois and national ethics standards for both attorneys and accountants and how they come into play in the state and local tax world for the Taxpayer’s Federation of Illinois.

Jordan M. Goodman presents, "Goodman v. Pomp" at the Hartman SALT Forum.

Marilyn A. Wethekam presents at the 28th Annual Hartman State and Local Tax Forum.

Join Marilyn A. Wethekam and David W. Machemer for COST's Annual Meeting in Las Vegas, Nevada.

Join Marilyn A. Wethekam and David W. Machemer for the Institute for Professionals in Taxation ("IPT") 2021 Sales Tax Symposium.

Chris Lutz shared his insight into online merchants' requirement to pay income tax in additional states with Bloomberg Law as states consider how to implement some or all of a statement on Public Law 86-272, recently revised by the Multistate Tax Commission.

Effective January 1, 2021 Kentucky eliminated its Bank Franchise Tax ("BFT")and instead subjected financial institutions and financial organizations to the state's existing Corporate Income Tax ("CIT") and Limited Liability Entity Tax ("LLET").

In this series by Sales Tax Institute, Three Years of South Dakota v. Wayfair: is discusses how the South Dakota v. Wayfair decision has changed the landscape for businesses over the past three years. The second wave of sales tax nexus legislation following the 2018 Wayfair decision was marketplace nexus or marketplace facilitator collection legislation. In simple terms, this type…

In this series by Sales Tax Institute, Three Years of South Dakota v. Wayfair discusses how the South Dakota v. Wayfair decision has changed the landscape for businesses over the past three years. On June 21, 2018, the U.S. Supreme Court released its fateful decision in South Dakota v. Wayfair. The Wayfair decision upended decades of the physical presence standard for…

David Hughes via the Sales Tax Institute, presented classes "Construction Industry Update" and "Breaking Down Local Taxes: Compliance & Audit Challenges" as an instructor. David presented "Construction Industry Update" on 4/20/21 and "Breaking Down Local Taxes: Compliance & Audit Challenges" on 5/5/21. In "Construction Industry Update", David discusses legislative updates, administrative process and audit issues and more. In "Breaking Down…

David Hughes was named Vice Chair of the American Bar Association's State and Local Tax Committee. Founded in 1878, the ABA is committed to advancing the rule of law across the United States and beyond by providing practical resources for legal professionals, law school accreditation, model ethics codes and more. David advises Fortune 500 companies, privately-held companies, middle-market businesses and…

6/1/21 During this webinar for AGN, David Hughes and Jordan M. Goodman provide an update on recent developments in the world of State and Local Tax. The mission of AGN is to enable its members to globally support businesses and individuals with high standards, straight forward & practical business advice and local commercial know-how, wherever the need arises. AGN member’s…

5/10/21 Join David Hughes as he moderates the SALT Roundtable at the ABA Tax Conference. The SALT Committee will be discussing related issues in a virtual version of its traditional “Saturday Morning Roundtable.”  …

In the Sales Tax Institute's series, Women to Watch in Sales Tax, hosted by Diane Yetter, Samantha K. Breslow discusses tips for women navigating their careers in tax. Throughout this challenging last year, Sam has thrown herself into developing industry specific expertise in SaaS and cloud based computing. She recommends each individual professional learn how to get creative and market…

In Part IV of the Three Years of South Dakota v. Wayfair series by Sales Tax Institute, Jordan M. Goodman, with Diane Yetter for Sales Tax Institute takes a look at local tax issues following the Wayfair decision. Tune in to learn why local taxes have become such a huge headache, what could be improved and how states are trying…

In this second part of the series by Sales Tax Institute, Jordan M. Goodman, with other presenters, discusses how the South Dakota v. Wayfair decision has changed the landscape for businesses over the past three years. Part II takes a look at the cost of compliance on businesses following the decision with an emphasis on how it has impacted technology…

8/5/21 2:00PM - 4:15PM ET Join Marilyn A. Wethekam and David W. Machemer for the 2021 Council on State Taxation ("COST") Summer State Tax Webinar Series, sponsored by HMB. See below for more information on Marilyn's and David's presentations. Watch Out – State Income Tax Traps, Tips, and Tricks Panel discussing anticipated state corporate income tax challenges and traps for…

7/29/21 4:15PM The pandemic has been a driver of many changes to the world as we know it. The concept of the workplace has drastically changed and the global economy has been transformed. As state governments experienced substantial revenue shortfalls because of COVID-19, they scrambled to adapt to these transformations. In this session, Samantha K. Breslow will address state income…

7/27/2021 Join Jordan M. Goodman for this program that will take a look at the nexus standards in the three years from when Wayfair was decided by the U.S. Supreme Court. Jordan will examine the current nexus laws for not only sales tax, but income tax, occupation taxes and other taxes imposed by state and local governments. He will also…

Read the full article by Law360 here (subscription required). In a year when states focused on shaking off the effects of the coronavirus crisis, some changed business tax regimes to build their coffers while others, flush with federal pandemic relief cash, advanced significant tax cuts. An Illinois budget bill signed into law by Gov. J.B. Pritzker pauses the phaseout of…

7/28/21 Austin, TX Join Jordan M. Goodman for this session that will lay the groundwork for all that happened while you were socially distancing during the pandemic. It will examine the most relevant happenings in sales tax, property tax, income tax and credit/incentives disciplines that the SALT community has not been able to discuss in a public forum. IPT is…

In an article by Law360, Samantha K. Breslow discusses Illinois Lawmakers approving the budget with GILTI addback. Read the full article by Law360 here. Illinois would require an addback for certain global intangible low-taxed income deductions, halt a phaseout of its franchise tax and temporarily cap net operating loss deductions under a $42.3 billion fiscal year 2022 budget that lawmakers…

6/9/21 11:30AM - 12:45PM CT In this presentation for the Chicago Tax Club, David A. Hughes, with Korwin Roskos and Jacob Seitz from Andersen and Illinois Chamber Tax Institute Executive Director Keith Staats, will discuss the tax-related legislation passed – or not passed - by the Illinois General Assembly during the spring legislative session. This presentation qualifies for CPE and…

5/18/21 1:00PM - 2:00PM ET Employers and employees are facing a conundrum: work from home (WFH) or return to the office. Factoring in the lack of a commute, more family time and increased flexibility, many employees have requested the WFH arrangement become permanent. Many employers are seeking to comply to remain competitive for the best talent. However, once employees are…

Read the full article by State Tax Notes written by Doug Sheppard here. In one of the most famous scenes from The Blues Brothers, Sister Mary Stigmata doles out rapid-fire corporal punishment with a ruler on Jake and Elwood Blues, then breaks it on Elwood's head before Jake crashes down an adjacent flight of stairs in the ensuing chaos. “Get out! And don’t come back until you’ve redeemed yourselves,”…

6/9/21 10:05AM - 10:55AM, 11:00AM - 11:50AM This 2-part presentation presented by Jordan M. Goodman, will get the audience up to date on recent state and local tax cases and statutory changes that will affect their client's business. Examine when a state can impose its taxing jurisdiction on an out-of-state business and what taxpayers can do to protect themselves; Learn…

In "PepsiCo Unitary Group Includes Member, Illinois Tribunal Says" Chris T. Lutz discusses the ruling with State Tax Notes. Read the full article by State Tax Notes here. The Illinois Tax Tribunal ruled that a member of PepsiCo’s business group is a company conducting business within the United States, and its income is included in the unitary group’s income. The…

4/21/21 1:45PM The TEI Dallas Chapter have asked Jordan M. Goodman and Chris T. Lutz to  take a tour of the countries’ state tax decisions and explain their impact on multi-state business. They will also identify trends around the country in the SALT area and offer advice on how to address state audit positions.…

5/4/21 1:00PM CT In this webinar for the Chicago Tax Club, Jordan M. Goodman and Dakota S. Newton review the state-level approaches to the NOL and PPP provisions of the CARES Act, discuss issues related to remote employees and provide an update on how these are affecting income and sales tax nexus. This webinar qualifies for CPE credit. Register for…

In State Tax Notes' Board Briefs, Marilyn A. Wethekam discusses "State and Local Tax Policy in a COVID-19 World". Download the full Board Briefs by State Tax Notes here. 2020 began on an optimistic note. The economy, in several sectors, was thriving. States over the last couple of years had seen continued revenue growth and even in some cases were…

4/28/21 2:05PM - 3:10PM CT Navigating the nuances of state tax audits and challenging assessments has a new added hurdle – doing it all remotely. David W. Machemer, with other panelists, will help navigate remote audits and controversies, from strategies on communication, documentation (issues related to submitting and submitted workpapers), delayed timelines, audit plans, to statute of limitations strategies. This…

In this article by State Tax Notes, Chris T. Lutz discusses P.L. 86-272's role in the modern economy. Download the full article here. During a March 17, 2021 panel of the American Bar Association/Institute for Professionals in Taxation virtual seminar on income tax, Chris wondered about the timing of the work group starting a few months after the 2018 South…

In this article by State Tax Notes, Jordan M. Goodman discusses Chicago's guidance and economic nexus safe harbor. Download the full article here. Speaking during the Virtual 2021 American Bar Association/Institute for Professionals in Taxation Advanced Sales and Use Tax Seminar on March 15, Jordan applauded the city for issuing the guidance. The city “actually did something that I have…

3/30/21 9:15AM - 10:15AM Jordan M. Goodman will present a mock trial with the UPPO Conference. This mock experience will utilize recent unclaimed property cases as the backdrop. Register for the event here. Request a copy of the presentation here.…

3/15/21 11:15AM - 12:45PM ET The Annual “Big Easy Brawl” is back! A test of ideas and perspectives on current and trending SALT issues and policies - and a bit of controversy - with Jordan M. Goodman and Professor Rick Pomp of the UCONN School of Law. The two SALT Sages bring years of experience to share insights and discuss…

HMB congratulates David A. Hughes on being elected to the Chicago Tax Club Board of Directors. David is a partner in HMB’s State and Local Tax (SALT) Group and is a member of HMB's Board of Directors. He helps clients limit their state and local tax exposure through sensible planning and, when necessary, vigorous litigation strategies. David advises Fortune 500…

3/18/21 2:00PM - 3:00PM CT Marilyn A. Wethekam's presentation for the Houston Chapter of the Tax Executive Institute will include a circle tour of the cities and states surrounding beautiful Lake Michigan. Starting in Illinois she’ll discuss the new quasi settlement program, provide updates on new and pending legislation including the governor’s new tax proposals to address their massive deficits,…

3/17/21 Chris T. Lutz and David A. Hughes will be presenting and moderating at the ABA-IPT conference for webinar titled, “What to do with Public Law 86-272?” Public Law 86-272 is now 60 years old. While P.L. 86-272 made sense in the pre-internet, manufacturing oriented economy of 1959, many commentators have called into question the law’s continuing relevance in a…

In this article by Law360, Jordan M. Goodman discusses the Tax Injunction Act and state tax issues being filed into federal court. Read the full article by Law360 here. The complaint by the U.S. Chamber of Commerce, Internet Association, NetChoice and Computer & Communications Industry Association, filed Feb. 18, had been widely expected, but it contained a procedural twist. It…

In this article by Law360, David A. Hughes discusses Illinois Gov. J.B. Pritzker's budget plan that would reverse several tax laws that the governor signed just two years ago, including a phaseout of the state's franchise tax. Read the full article by Law360 here (subscription required). Illinois' governor proposed temporarily capping net operating losses, reducing state deductions for global intangible…

4/19 - 5/18 Join David A. Hughes and Jordan M. Goodman for ten virtual sessions at the Sales Tax Institute’s 2021 Advanced Sales and Use Tax Workshop. They’ll be discussing many niches of sales tax from the impact of remote employees and local taxes to healthcare and construction. The ten sessions will start at 11:00AM and end at 1:15PM ET…

3/11/21 12:00PM - 1:00PM CT In this presentation, HMB’s Chris Lutz and Jordan Goodman will square off in the Zoom arena to determine who is the heavy-weight champion of all things SALT! Join us for a wide-ranging debate covering all corners of the state and local tax landscape including: Nexus for all taxes; Taxability of software; Developments in apportionment; and…

2/25/21 12:10-1:15PM In this webinar hosted by COST, join Jordan M. Goodman as he discusses how tax issues are not isolated to state tax administration. This session will cover states with local sales tax administration such as Alabama, Alaska, Colorado and Louisiana. In addition, other troublesome local taxes such as those in Chicago and other cities will be addressed. Register…

In this article by Bloomberg Law Tax, David A. Hughes discusses Chicago's "Netflix Tax". Read the full article here. Chicago will inject an economic presence standard and a safe harbor for smaller streaming and cloud services into its administration of the city’s “Netflix tax,” beginning July 1. Chicago’s Department of Finance issued a bulletin late Thursday outlining its enforcement of the amusement…

Read the full article here (subscription required). Former Illinois House Speaker Michael Madigan was recently voted out of his leadership post, leaving a complex tax legacy to his nearly four-decade reign that included sales tax restructuring and failures to create the progressive income tax code he envisioned. Madigan, a Democrat from Chicago, ceded the gavel on Jan. 13 after House members elected…

2/11/21 12:15PM - 1:30PM CT CPE credit (pending) Are you familiar with the concept of unclaimed property? Are you on a state’s audit radar? Has the Delaware Secretary of State issued you  a notice related to their voluntary disclosure program? Did you receive an audit notice from a third-party audit firm? Or, are you tasked with determining whether there is…

1/21/21 This webinar addresses the SALT issues faced by businesses whose employees have chosen to work in a different (out-of-state) location. David A. Hughes will discuss topics including nexus, withholding, sourcing, unemployment insurance and reciprocal agreements.…

1/20/21 David A. Hughes will explore income tax issues faced by individual taxpayers with a primary focus on residency. Other issues will include credits for tax paid to other states, taxation of nonresident individuals, and determining domicile for businesses.…

In an article by Law360, Marilyn A. Wethekam discusses the Illinois Department of Revenue's decision to carry out a law that critics say could impose a discriminatory tax sourcing regime for online sales that favors certain in-state sellers. The rule carries out a widely criticized 2019 law requiring remote sellers and marketplace facilitators without a physical presence in Illinois to employ destination sourcing for…

Illinois legislation impacting sourcing rules for marketplace facilitators, sellers, and remote sellers- the “Leveling the Playing Field for Illinois Retail Act”- is now in effect for 2021 and Illinois Retailers’ Occupation Tax (the “ROT”) returns will be due soon.  The Illinois Department of Revenue has made a resource page available for affected retailers and marketplaces. As we discussed in June…

Read the full article by State Tax Notes here. In the article "Forging Ahead in 2021" by State Tax Notes on December 21, 2020, Marilyn A. Wethekam goes over what the year ahead will look like. “Should old 2020 be forgot, and never brought to mind? Should old 2020 be forgot, and auld lang syne?”[51] The Robert Burns lyrics pose…

2/2/21 12:45PM - 1:45PM & 2:00PM - 3:00PM ET With various sectors being impacted by the downturn, multistate tax professionals must recognize and proactively address state tax issues and execute state tax planning arising from mergers, acquisitions, and reorganizations. This session will focus on tax attribute planning, including the interaction between state versus federal rules and utilizing net operating loss…

1/12/21 David A. Hughes and Jordan M. Goodman presented a webinar on current SALT developments with an emphasis on income tax apportionment, CARES Act related issues, and the impact of COVID on multistate businesses.…

12/18/20 Samantha K. Breslow will discuss the Internet Tax Freedom Act for the Chicago Bar Association YLS Business Law Transactions Committee. The intent of the Internet Tax Freedom Act was to protect electronic commerce from the taxman, but has it succeeded? This webinar will focus on recent pending cases (Labell v. City of Chicago and Apple, Inc. v. City of…

12/8/20 10:00AM - 11:30AM CT David W. Machemer and Samantha K. Breslow will present a City of Chicago and Cook County update for the Illinois Chamber of Commerce Tax Institute. Chicagoland revenue departments have become increasingly more aggressive with respect to the enforcement and collection of local taxes. This presentation will explore recent developments to local taxes that have seen…

12/2/20 2:45PM - 3:55PM ET David W. Machemer will present to the NYU 35th Institute on State and Local Taxation. Social distancing, staff reductions and the dearth of state call centers have made resolving tax audits and other controversies more challenging than ever. State revenue demands, restrictive corporate budgets and ever-changing tax regimes make SALT audit management increasingly complicated and…

Download the full article by State Tax Notes here. In the article "Sales, Use Tax Voluntary Disclosure Agreements Increased" by State Tax Notes and first discussed at the NESTOA conference on November 13, 2020, Marilyn A. Wethekam goes over the use of Voluntary Disclosure programs. There's been an uptick in voluntary disclosure agreements (VDAs) because of the Supreme Court's 2018…

Local jurisdictions should clarify the nexus standards for their taxes, Jordan M. Goodman said, noting that the Wayfair decision has raised questions of how nexus at the state level applies to local nexus considerations. For local taxes that have a state equivalent, states and localities should "link up" and inform taxpayers of whether nexus with the state means a taxpayer…

Download the full article by Tax Notes State here. Federal tax code conformity and mismatches between federal and state taxable income can cause difficulties with the business interest expense limitation under IRC section 163(j), according to tax forum panelists. Marilyn A. Wethekam said that, in her opinion, the section 163(j) limitation provision under the Tax Cuts and Jobs Act has…

The world of e-commerce selling is still adapting to the U.S. Supreme Court’s groundbreaking 2018 ruling in South Dakota v. Wayfair , which permitted states to impose tax collection duties on remote retailers based on economic activity in a state rather than physical presence. State and local tax agencies have seen surging interest in their voluntary disclosure agreement programs following the Wayfair ruling…

11/19/20 4:00PM - 5:00PM Join Jordan M. Goodman and Professor Richard Pomp and Jordan Goodman as they recap the nation’s top state tax cases, state and local legislation, policy developments and controversies over the last year with an informative and hopefully engaging presentation designed to keep practitioners current on non-New England developments. This year’s presentation is sure to include the…

David A. Hughes participated in the Simply Tax Podcast hosted by BKD’s Damien Martin to discuss the Illinois Fair Tax amendment and potential residency ramifications. David discussed what all the fuss is about over the Fair Tax amendment and what Illinois taxpayers need to consider if they want to change their state of residency if the amendment passes. The episode…

11/4/20 4:15PM - 5:10PM ET The economic impact of COVID-19 is already beginning to take shape with the most obvious impact being the rising number of distressed businesses. This presentation will determine the factors of consideration for buying and selling a distressed business, tax liabilities of all kinds, equity, COVID-19-related SALT issues and cancellation of debt income among others. Jordan…

In this excerpt in Board Briefs from Tax Notes State, Marilyn honors the late Supreme Court Justice Ruth Bader Ginsburg. Download the full article by Tax Notes State here. On September 18, 2020, this nation lost not only an exceptionally accomplished jurist but a powerful voice for gender equality and those who have been made to feel they don’t belong.…

Join Jordan M. Goodman at his various webinars for CPAmerica. The topics will range from State legislative agendas around the country, Wayfair and current SALT cases and issues. Register for the event(s) here (membership required).  11/10/20 Update in the SALT World - Do We Need a Hug? - 1:05PM - 1:55PM CT This presentation will cover the recent trends in…

10/20/20 Over the last three years, state conformity--or decoupling--from key provisions of the TCJA has resulted in a wide range of outcomes among the states. This panel, including Marilyn A. Wethekam, will review the status of state conformity (or non-conformity) with GILTI, interest deduction limitations, bonus depreciation, NOLs and FDII. The panelists will also discuss planning, compliance and audit issues…

10/22/20 12:00PM CT The COVID pandemic has dominated the 2020 headlines. Congress responded to the pandemic by adopting the CARES Act, a federal law that also has significant SALT ramifications. States responded by modifying their nexus and withholding rules for employees working from home. Join David A. Hughes and Samantha K. Breslow for this session where they will explore those…

10/30/20 12:30PM - 1:45PM CT The Chicago Tax Club’s Fall Learning Series continues with a 75 minute webinar on Outrageous Cases, an in depth and entertaining discussion of recent state and local tax cases that defy logic and make you scratch your head.  Join David A. Hughes with Ted Bots and Drew Hemmings from Baker McKenzie and Keith Staats from…

11/4/20 4:10 PM CT The economic impact of COVID-19 is already beginning to take shape with the most obvious impact being the rising number of distressed businesses. Join Jordan for this webinar where he will determine the factors of consideration for buying and selling a distressed business, tax liabilities of all kinds, equity, COVID-19-related SALT issues and cancellation of debt…

Download the full article by Tax Notes State here. The U.S. Supreme Court will continue to look to the analysis in Quill Corp. v. North Dakota for due process clause purposes, according to Multistate Tax Commission Uniformity Counsel Helen Hecht. The topic came up during a September 15 webinar hosted by the Federation of Tax Administrators. FTA Deputy Director Verenda…

10/8/20 1:05PM - 1:45PM ET David A. Hughes will be leading a discussion regarding lease tax law updates and trends in 2020 on 10/8/20. Learn more about Vertex Exchange here. …

11/19/20 2:00PM - 3:00PM CT Join Jordan M. Goodman with Professor Richard Pomp for their discussion about national SALT updates. CLE/CPE credits will be made available for attendees via the New England State and Local Tax Forum. Register for the event here.…

Chicago, IL September 10, 2020 HMB Legal Counsel, a preeminent provider of legal services announced Chris T. Lutz as the Practice Chair for the State and Local Tax Group. As a practice group leader, Chris will oversee coaching, planning, economic oversight, positioning and recruitment for his group. Practice group leadership transitions are part of HMB's planning and leadership strategy, designed…

9/22/20 Join Fred O. Marcus and Doug Lindholm of COST for a nationwide state and local tax update at the Taxpayers' Federation of Illinois Fall Webinar Conference Series. Learn more about the TFI's events here. Request a copy of the webinar here.…

In the Illinois Practitioner Series, HMB's SALT team discusses various topics covering Illinois Procedures, Corporate Income Tax, Retailers' Occupation Tax (Sales Tax) and Use Tax and Local Taxes. Download the full booklet here. Questions? Reach out to the state and local tax team here.  …

In this article from Law360 by Maria Koklanaris, Chris T. Lutz tackles questions regarding Wisconsin's state court of appeals to overturn a circuit court ruling that Deere & Co. is entitled to a dividends-received deduction from a Luxembourg affiliate that elected to be treated as a corporation for federal tax purposes. Read the full article by Law360 here. Wisconsin has argued…

10/7/20 IPT will hold its 2020 Sales Tax Symposium, virtually, through a series of Webinars over a three-week period beginning the week of September 21, 2020. Jordan M. Goodman will present his webinar on October 7, 2020. This webinar series has been designed as a complete package offering attendees an opportunity to take advantage of a discounted fee of $495…

10/27/20 2:10PM CT Join Marilyn A. Wethekam, and other panelists, on this webinar discussing how more than two years after the enactment of the “Tax Cuts and Jobs Act” of 2017, we continue to learn the state tax consequences of this historic change in US international taxation. The subsequent federal and state government response to COVID-19, including the Coronavirus Aid,…

9/22/20 12:30PM - 1:30PM CT Illinois CLE and CPE Pending In this webinar for Chicago Tax Club, Jordan M. Goodman, along with Maggie Young of Crowe and moderator Joe Carr of BDO will examine the case law that has shaped the unclaimed property industry. They will look at prior cases and how these of past decisions have driven the world…

9/15/20 3:00PM - 4:30PM ET Join Marilyn A. Wethekam and Helen Hecht of the Multistate Tax Commission for "The Legal Landscape of 2020". This webinar, a part of the FTA Talks: Celebrity Speakers series, provides easy access to the unique challenges, successes and methodologies of immediate interest to a tax administrator. This discussion will include a Q&A section and will…

8/26/2020 Residency and Other State Income Tax Issues for Individuals - David A. Hughes and Dakota S. Newton 10:50AM - 11:40AM CT With the increase in flow-through entities, individual income tax issues are becoming more complex to navigate. Explore critical issues including credits for tax paid to other states, taxation of nonresident individuals, and income tax on the sale of…

8/26/20 Join Marilyn A. Wethekam and Jordan M. Goodman for a look around the country on the relevant cases that affect taxpayers in the income tax, sales tax and franchise tax arenas. This webinar will be held for the Dallas TEI community. Learn more about the Dallas Chapter of Tax Executives Institute here.…

In this discussion of the policy considerations of expanding state False Claims Act to taxes, Nikki E. Dobay and Stephanie T. Do interviewed four state and local tax experts who have experience with the ramifications of state false claims acts: Marilyn A. Wethekam, Helen Hecht, uniformity counsel and Brian Hamer, counsel to the Multistate Tax Commission and David Pope, partner…

8/25/20 3:00PM - 5:15PM ET CPE/CLE Credit Join Marilyn A. Wethekam and Jordan M. Goodman for a discussion about TCJA hosted by COST. This webinar is open to industry tax professionals from COST member companies and industry tax professionals from non-COST member companies. Practitioners are not eligible to attend this seminar (except for those sponsoring or speaking). This webinar will…

7/28/2020 Marilyn A. Wethekam spoke with Bloomberg Tax & Accounting to discuss the 2019 Survey of State Tax Departments. This webinar takes a closer look at the recent trends in state corporate income taxation, analyze the survey results in these areas and provides a discussion on recent changes in states’ taxation of corporations. Watch the webinar on-demand in the Bloomberg…

8/12-13/20 Join Marilyn for the 2020 Virtual Advanced State and Local Tax Institute on August 12-13. This Institute, hosted by Georgetown Law's Executive and Continuing Legal Education Department, has provides attorneys, accountants, and tax managers with in-depth, practical analysis of significant state and local tax developments. In her presentation, "Blowing the Whistle on Qui Tam Laws", Marilyn will discuss how…

We know most of our clients and friends have seen significant changes to their daily lives. HMB's SALT team has been working around the clock to provide excellent service to our clients and we're really excited to offer a new series of "Work From Home" webinars. Please join us every Wednesday at 12:30PM Central Time. Below is a list of…

7/15/2020 12:30PM - 1:30PM CT CPE And CLE Credit Chicagoland revenue departments have become increasingly more aggressive with respect to the enforcement and collection of local taxes. This presentation will explore local taxes that have recently seen increased audit activity, including the Lease Transaction, Amusement, Tobacco and Motor Fuel taxes. They will discuss audit best practices and provide an overview…

7/22/20 12:30PM-1:30PM CT CPE and CLE Credit Jordan and Dakota examine Wayfair’s continuing impact on direct and indirect tax nexus standards and analyze the inconsistent patchwork of marketplace facilitator rules around the country. They also discuss emerging income tax issues related to eroding P.L. 86-272 protections and the throwback and throwout rules. This webinar will be presented via Zoom. Register…

7/29/20 1:30PM-3:30PM CT In this two-part webinar for the Tulsa area, Marilyn and David will discuss: Part I: State Tax Implications of TCJA and the CARES Act - A discussion of the states' reaction to the CARES Act and the state tax implications of the interaction of TCJA and CARES Act. Part II: Sales Tax Traps in M&A in Uncertain…

In "Top State & Local Tax Cases of 2020: Midyear Report" by Law360, Chris T. Lutz discusses Honigman Miller Schwartz & Cohn LLP v. City of Detroit. The closely watched case went to issues currently at the heart of state taxation, the definition of a service and where the income from that service should be sourced. While falling short of…

In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article by Tax Notes State here. In the words of that great philosopher Snoopy, “When you can’t control what’s happening around you, challenge yourself to control the way in which you respond.”…

In an article by Daniel Tay and published by Law360, David A. Hughes discusses how Illinois nonresident employees have received a 30-day safe harbor against state income tax to carry out a 2019 law intended to prevent double taxation. Illinois' 30-day threshold is longer than the periods seen in other states David told Law360. He also noted that the Illinois…

6/22/20 10:00AM - 3:30PM Basics of Sales and Use Tax is an interactive live online training course designed for individuals working in financial or accounting corporate and consulting environments. This course is best for those who currently handle (or will soon handle) sales and use tax for their company, themselves or their clients. Basics helps you learn all the sales…

5/27/20 David and Jordan will present a webinar to AGN North America to discuss recent SALT developments relating to Pass-through Entities. The webinar will cover: Nexus and doing business Credit for tax paid in other jurisdictions SALT Cap Deduction workarounds California issues New Partnership Audit rules…

6/24/20 David W. Machemer will present a webinar to the Equipment Leasing and Finance Association with other sales tax professionals. This webinar will highlight sales tax best practices with three key areas: Immediate concerns with lease re-writes; Strategic planning with marketplace facilitator laws; and Audit resolution best practices (keep your cash)! Register for the event here.…

In this second of a three-part series, Breslow discusses the Internet Tax Freedom Act and whether the digital world has really been protected from the tax man. Adoption and Intent of the ITFA Initially adopted in 1998 under the Clinton administration with the mantra “no new internet taxes,” the Internet Tax Freedom Act (ITFA) was made permanent on February 24,…

6/9/20 1:00PM - 2:00PM CT The sales tax implications of adding a third party through drop shipments and sales through distribution centers are a major source of confusion for companies that sell into multiple states. This is even truer in the wake of court cases like South Dakota c. Wayfair and South Carolina v. Amazon. Remote sellers and drop shippers…

6/2/20 David will be speaking on two panels for the International Cannabis Bar Association. Register here for the day-long virtual event.  Ethics Rule 1.2: Complying With the Novel "Also Advise" Clause Since the permitted scope of legal representation begins with this threshold requirement, hear from the panel about what "also advise" means in practice, including what federal laws are considered…

6/24/20 12:30PM - 1:30PM CT CPE Credit Join Fred O. Marcus, David A. Hughes and Samantha K. Breslow for a webinar discussing how determining the applicability of state taxes to PTEs (and their partners or members) can often be unnecessarily complex. They will bring clarity by exploring recent developments relating to nexus/“doing business”, credits for taxes paid in other jurisdictions,…

6/10/20 1:00PM - 2:30PM ET The COVID-19 pandemic is affecting businesses in many different ways: furloughs and job losses, variant priorities, and virtual working environments. These disruptions can make monitoring policies and accounting practices more difficult, making the maintenance of proper escheat reporting and records of utmost importance. As states move to close budget gaps due to lost tax dollars…

5/27/20 12:30PM - 1:30PM CT CPE Available While most of the country is still manning the trenches from home, this presentation will explore how to navigate both state audits and the resolution of tax controversies all while working from home. We will identify common best practices in developing, tracking and maintaining your case budget and adjustments that may need to…

6/10/10 12:30PM - 1:30PM CT CPE Available As economic growth slows, companies will often look to their tax departments to ensure they are on top of all cost saving measures available. Chris and Jordan will discuss state income tax net operating loss carrybacks, credits, and other available tax assets that can often be complicated or uncommon. They will also discuss…

An article published by Bloomberg Law Tax discusses the possible reemergence of Gross Receipts Taxes in states due to the COVID-19 pandemic. Gross receipts taxes are becoming attractive because they rely on calculations of total commercial activity rather than profitability, said Jordan M. Goodman. Jordan continued to say that, "During the COVID-19 recession you are going to see a lot…

In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article from Tax Notes State here. Generally, you cannot put a square peg in a round hole. However, that is precisely what may be occurring as a result of the meteoric growth…

Congratulations goes to Fred for his nomination for the Northwestern Pritzker School of Law's Adjunct Professor of the Year Award. Northwestern University is a member of the Top 14, a group of law schools that have received national recognition. Read more about Fred here. …

5/20/20 12:30PM CST CPE Pending Recent state cases like Ex Parte Russell County Community Hospital and Citrix Systems are just the tip of the iceberg as states audit taxpayers in a digital economy. Chris and Samantha will provide an update on recent cases and legislation in this area and, more importantly, will describe their experiences with taxpayers as they attempt…

5/13/20 12:30PM CST CPE Pending States continue to transition to market based sourcing and combined reporting. Notwithstanding that trend, uniformity among the states remains elusive. We will delve into recent state legislation, regulatory changes, and cases that are shaping the frontier of apportionment of state income. Chris will present this webinar via Zoom. Register for the event here. We know…

5/6/2020 12:30PM CST CPE Pending Despite the closing of state courts around the country, SALT keeps moving forward. This presentation will get you caught up with what is happening in state courts from coast to coast. Jordan and Marilyn will present this webinar via Zoom. Register for the event here. We know most of our clients and friends have seen…

4/29/2020 12:30PM CST CPE Pending The intent of the Internet Tax Freedom Act was to protect electronic commerce from the taxman, but has it succeeded? This webinar will focus on recent pending cases (Labell v. City of Chicago and Apple, Inc. v. City of Chicago) involving ITFA claims and proposed legislation (Digital Advertising Gross Revenues Tax) that potentially implicates ITFA.…

***THIS WEBINAR IS REPLACING THE EVENT ORIGINALLY SCHEDULED FOR TUESDAY, MARCH 10*** 4/7/20 12:15PM Eastern Standard Time In this webinar, Chris will discuss Maryland's perennial attempts to adopt mandatory unitary combined reporting ("MUCR") as well as other proposed state legislation such as Pennsylvania's MUCR proposal and New Hampshire's proposed worldwide combined reporting bill. Chris will also address the nuances of…

An article published by State Tax Notes discusses the Illinois Supreme Court's refusal to review an appellate court decision that Chicago's amusement tax as applied to online streaming services does not violate the state constitution or the Internet Tax Freedom Act (ITFA). The court denied the petition for leave to appeal in Labell v. City of Chicago, letting stand the…

On March 19, 2020, Chicago Mayor Lightfoot announced that the City of Chicago will extend the due date for “small businesses” to pay the following Chicago taxes to April 30, 2020: Bottled Water Tax, Checkout Bag Tax, Amusement Tax, Hotel Accommodations Tax, Restaurant Tax, and the Parking Tax. The City requires that taxpayers pay these taxes on or before the…

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** 4/28/20 New Orleans, LA In this session, Marilyn will focus on older corporate income tax concepts such as factor representation and dividend received deductions that have resurfaced…

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** 3/31/20 JW Marriott Starr Pass Tuscon, AZ Jordan will participate in a mock trail as the attorney for a business that is being audited in an unclaimed…

3/17/20 Royal Sonesta New Orleans New Orleans, LA The Annual "Big Easy Brawl" is back! Jordan, with Professor Rick Pomp, will bring years of experience to share insights and discuss divergent positions to complicated SALT controversies. This session will be a test of ideas and perspectives on current and trending SALT issues and policies. Register for the event here. Read…

Jordan was invited to speak on The Unique CPA podcast at Twin Flames Studios. During the podcast, Jordan discusses various topics including: What it is like practicing international tax yet all statutes are in English Wonderful opportunities for lawyers to argue about constitutional issues The ability to help clients on a national basis Listen to the podcast here.  Read more…

****Due to the COVID-19 virus, this event has been cancelled. HMB will update this page once a new date, location, or other important piece of information has been shared by the event organizers.**** Fred O. Marcus and David A. Hughes will present various topics at two upcoming TEI Regional Conferences. 3/18/2020 Buffalo, NY Fred and David will present an update…

3/16/20 New Orleans, LA Public Law 86-272 is now 60 years old. While P.L. 86-272 made sense in the pre-internet, manufacturing oriented economy of 1958, many commentators have called into question the law's continuing relevance in a digital and services based world. David and Chris will explore what P.L. 86-272 means in 2020 and how states, taxpayers and Congress will…

2/25/20 Chicago, IL David A. Hughes moderated "Staying Close to Home: An Update on Recent Illinois, Chicago and Cook County Developments". 2019 was a busy year at both the state and local level in Illinois. During this session, the presenters will review several pieces of significant new legislation including new rules for sales and use tax collection by remote sellers…

Waldorf Astoria Las Vegas, NV 2/26/20 Jordan presents "Top 30 Issues/Cases in 2020". In this session, Jordan will discuss the major issues that will be evolving in the coming year. Click here to register for the event.…

2/25/2020 Hyatt Regency Houston Houston, TX Jordan and Marilyn will discuss recent SALT developments and trends at the TEI-Houston Tax School Session. Attendees will learn about topics including: U.S. Supreme Court Jurisdictions to Tax Combined Reporting Tax Base Issues Apportionment Issues Procedural Traps Click here for a copy of the presentation. Contact Jordan and Marilyn here.…

Read the full article on State Tax Notes here (subscription required). In this installment of his column, Internally Consistent, Chris discusses the impact of recent U.S. Supreme Court decisions affecting state sovereignty, including Hyatt and Dawson v.Steager. This was the year of remote seller nexus, marketplace facilitators, state taxation of foreign income, and market-based sourcing becoming the majority rule for…

1/31/20 Disney's Grand Floridian Resort & Spa Lake Buena Vista, FL Jordan Goodman will explore "classic" ongoing multistate tax issues at the 2020 National Multistate Tax Symposium. Attendees will learn how their business may cope and prepare to defend state audits or assessments arising from this mixed bag of multistate tax issues. Topics covered in this session include: Tax issues…

1/30/20 Disney's Grand Floridian Orlando, FL Marilyn Wethekam, with a panel of experts, will discuss the various state and local tax responses to Wayfair including the role of Congress and the Streamlined Sales Tax Governing Board. The panel will address the day to day considerations for related tax compliance as well as emerging issues over record-keeping and audit exposure. Click here…

1/16/20 David presented "Unusual and Challenging SALT Issues Faced by Taxpayers" at the Illinois CPA Society's Annual SALT Conference. Founded in 1903, the Illinois CPA Society is one of the largest state CPA societies in the nation with more than 23,200 members. It provides convenient and customized education, timely and relevant information, influential advocacy, and countless opportunities to make powerful…

Illinois seeks to establish a 30-day safe harbor against state income tax for nonresident employees under a recently proposed regulation that specifies how workers should calculate their number of days worked in the state. In an article by Law360, David Hughes explains how different this proposed rule is when compared to previous regulations, noting that previous regulations on taxing nonresident…

Chicago, IL December 12, 2019 HMB Legal Counsel, a preeminent provider of legal services in Business and Finance, State and Local Tax, Trusts and Estates, Bankruptcy, Reorganization and Creditors' Rights, Real Estate and Litigation announced that three associate attorneys were elevated to partner. David W. Machemer David is a member of the firm's State and Local Tax (SALT) Group.  He…

Chicago's previously hidden tax ruling exempted Moxie Software Inc. from tax collection duties under the "Cloud Tax". In an article by Bloomberg Tax, Samantha Breslow explains the discrepancy between the Cloud Tax and Chicago's stance on nexus. Because the city didn't address the question of nexus in 2015 when modifications to its Personal Property Lease Transaction Tax were made, the…

In an article published by Bloomberg Tax, Samantha Breslow delves into the challenges presented to taxpayers after Chicago's previously hidden Private Letter Rulings ("PLRs") come to light. "Historically, it has been very difficult to gain access to Chicago GILS ["General Information Letters"] or PLRs, which results in a lack of transparency for taxpayers trying to comply with city ordinances," said…

Read the full article on Tax Notes here (subscription required). Samantha Breslow discusses how the sluggishness of legislation does not often adjust itself to the speed and terminology of technology. However, there are a few states that are adapting to overcome the discrepancies. Download a PDF of the full article here. Debugging the (State Tax) Code: Outdated Sales Tax Terminology…

12/06/19 Clayton State University Morrow, Georgia Jordan will answer the question: Are all businesses subject to all taxes in all states after Wayfair? This presentation at Clayton State University will review the various jurisdictional standards and what is left to protect businesses in 2020 and beyond.…

12/16/19-12/17/19 New York City, NY Jordan will advise practitioners and in-house employees on what they can ethically do with respect to SALT work at the NYU School of Professional Studies. Jordan will discuss tax returns to negotiation or settlement, and everything else in between. Click here to register for the event. Click here to request a copy of the presentation…

Read the full article on Tax Notes here (subscription required). Marilyn Wethekam discusses how federal tax reforms do not always coincide with state tax policies. Download the full article here. The 2017 enactment of the Tax Cuts and Jobs Act made significant changes to the federal tax system. One of the drivers for the reform was to make the United States…

From Houston to Memphis and Minneapolis to Chicago, HMB's SALT Group gave insightful tax presentations throughout the year as a part of the 2019 Brewery Series. Hosted in breweries instead of boardrooms, the 2019 series was a refreshing way for businesses to stay in the know about state and local tax. Pictured above: (L-R) Chris Lutz and David Machemer The…

11/7/19 Stephens Convention Center Rosemont, IL While there has been much discussion about a possible graduated income tax in Illinois, the General Assembly has also been busy on the sales and use tax side. From new rules for marketplace sellers and facilitators to sales sourcing for remote vendors to an expanded manufacturing exemption, the General Assembly recently passed several significant…

11/11/19 Austin, TX In "Post-Wayfair World - Now What?", Jordan Goodman will discuss how remote sellers were affected by the USSC overruling of Quill in June 2018.  This presentation will try to clarify when a business is subject to any of a state's taxes. In "Sea to Shining Sea - What is Happening in the SALT World", Jordan will highlight…

11/07/19 Suburban Collection Showplace Novi, MI In this presentation for MICPA, Jordan Goodman will cover the recent happenings in state and local tax with a focus on the Midwest states. It will highlight the GOOD things that happened for Taxpayers both judicially and legislatively and will inform attendees on the BAD issues that they and their clients should try to…

11/20/19 Penn State Great Valley Malvern, PA Marilyn Wethekam and Chris Lutz will discuss P.L. 860272 in a post-Wayfair world at the 2019 TEI Philadelphia SALT Seminar. Register for the event here.…

10/20/19-10/22/19 Grand Hyatt Atlanta in Buckhead Atlanta, GA While the US Supreme Court’s decision in Wayfair has dominated recent headlines, there is a lot more happening in the SALT world that you and your clients need to know about.  In this session for AGN International, David and Jordan will explore current SALT developments and trends with an emphasis on recent…

Chris Lutz spoke about the Virginia Albemarle County Circuit Court's decision in Crutchfield Corp. v. Harding, in an article by Tax Notes. Chris explained that Virginia courts did not have personal jurisdiction over a Massachusetts official claiming Crutchfield had sales tax nexus with the state. The Massachusetts regulation considers the use of in-state software and cookies as constituting a physical…

10/23/19 Chicago, IL David A. Hughes will present "Unclaimed Property Enforcement in Illinois and Multistate Audits" with BDO. Two reporting cycles have passed since Illinois adopted its unclaimed property law changes, including elimination of the Illinois business-to-business exemption for vendor payments and customer credits. This webinar will focus on Illinois efforts to enforce its new unclaimed property regime, including a…

Read the full article on State Tax Notes here (subscription required). In his new column on State Tax Notes, Chris discusses how states and Congress should address challenges presented by Public Law 86-272 and criticizes state efforts to interpret the law out of existence. In the past 15 years, the state corporate income tax landscape has undergone significant change. Although…

Auditors in Chicago have been aggressively asserting that businesses have tax duties under the "cloud computing tax" because of their economic presence, or the volume of business they conduct within the city. In an article by Bloomberg Law News titled "State of Wayfair: Economic Thresholds Sneak Into Chicago Audits" by Michael J. Bologna, Samantha Breslow explains that the problem is…

At the beginning of 2016, Chicago implemented a unique method to tax businesses for their use of remote computing services, also known as the cloud. The Personal Property Lease Transaction Tax program collected $13.9 million during its first six months and rose to $42.2 million through 6/30/18. In an article by Bloomberg Law News, Samantha Breslow explained that Chicago is…

09/23/19 Orlando, FL Marilyn Wethekam, Jordan Goodman, Chris Lutz and David Machemer present various topics at the IPT Sales Tax Symposium. If you would like to attend or have questions about a presentation, click here to contact Marilyn, Jordan, Chris and David. Marilyn Wethekam presents "Mergers & Acquisitions - Part 1 - General Issues" In this session, attendees will learn…

After serving as Vice Chair of the Chicago Bar Association's SALT committee last year, Samantha Breslow has been appointed as the 2019-2020 Chair. Learn more about Chicago Bar Association here.…

Starting October 1st, 2019, two new Amnesty programs will arrive in Illinois. One will cover all taxes administered by the Department of Revenue. The other program will cover franchise taxes. Before these programs come into play, members of the HMB State and Local Tax practice provide insight into what these changes will look like. Taxes Administered by Department of Revenue…

10/24/19 JW Marriott Washington, DC Fred and Marilyn will co-present with fellow Paul Frankel Award recipients at COST's 50th annual meeting. Over his long career, Paul Frankel, the "Godfather of COST", spearheaded a number of issues that evolved over the years. In this session, presenters will discuss those issues, their evolution and Paul's impact on them. If you want to…

12/17/19 Grand Hyatt New York on 42nd Street New York City, NY New York University's 37th Institute on State and Local Taxation Fred Marcus will present "Today in Taxes" at New York University's 37th Institute on State and Local Taxation on December 17th, 2019. The most important SALT developments will be discussed throughout the event by a team of industry…

11/15/19 Tax Strategies 2019 Hotel Allegro Chicago, IL David Hughes will present "State and Local Tax Issues in Corporate M&A Transactions" for Practising Law Institute at Tax Strategies 2019 on November 15th, 2019. The presentation will address state and local tax issues that arise in corporate transactions with a particular emphasis on Section 338(h)(10) sales and tax-free reorganizations and spin-offs.…

9/11/19 2019 North East State Tax Officers Association Annual Meeting Roger Williams Park Providence, Rhode Island Marilyn Wethekam will discuss important state tax policy issues including final IRS regulations on federal charitable contributions and state law enactment of state tax credit for these federal deductions, “qui tam” cases involving taxation pros and cons and a recap of Taxpayer Advocates in…

State and local governments are trying to apply older tax laws to modern technologies such as streaming services. This one-size-fits-all ideology of the decades-old regulations leaves the law on shaky ground. Marilyn Wethekam discussed how shoehorning old tax laws to modern business services can be a setback at the Multistate Tax Commission's annual meeting in Boise, Idaho. "Ordinances and statutes…

Disclosing tax return information has always been a dicey topic. Under the guise of transparency, there have been several proposals by tax advocates over the years to disclose tax information. The focus of these proposals has generally been on the taxes paid by corporate America and the use of tax planning strategies. As a general principle, this type of limited…

Illinois’ tax treatment of leases is an anomaly when compared to most other jurisdictions.[1] The general rule in most jurisdictions is to impose sales tax on the receipts collected from the lessee, the actual user of the equipment. However, Illinois differs, at least in the context of a long-term lease (i.e., more than one year), by treating the lessor of…

8/7/19 The Multistate Tax Commission 52nd Annual Meeting The Grove Hotel Boise, Idaho A panel discussion addressing the challenges faced by both state and local taxing authorities to modernize their tax structures to address the changing landscape of digital products and other business models. The discussion is from the view of both tax administrators and tax practitioners.…

7/31/19 COST Southwest/West Regional State Tax Seminar Sponsored by HMB Legal Counsel Sam's Club Home Office Bentonville, Arkansas Presenting an update on significant state tax issues for the Southwest/West States: Arkansas, Colorado, Kansas, Louisiana, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. Federal Tax Reform – State Tax Conformity Or Not? With Marilyn Wethekam State Taxation…

2019 State and Local Tax Workshop for Technology Companies Foster City, California Beware of the Locals—They Might Take You by Surprise With Jordan Goodman San Francisco, Mountain View, Portland, Seattle—what are these cities thinking? Each has aggressively targeted businesses (and, in many situations, exclusively tech businesses) for new revenue. This panel will provide an overview of several of these new…

6/27/19 Saddle & Cycle Club Chicago, IL David Hughes presents "Indirect and Operational Tax" at the Chicago Tax Club's Summer Seminar on June 27th. The presentation reviews recent state cases that defy logic and would cause any tax professional to think twice about whether the positions they take are on solid ground. Click here to learn more about the seminar.…

As you may be aware, the Illinois legislature recently completed its 2019 legislative session. This session was particularly productive from a tax legislation perspective and we would like to update you on the key state and local tax changes that may affect you or your business. Please do not hesitate to contact any member of the HMB SALT team if…

Spring 2019 Start-Up Conference Start-Up: State Tax Roundtable for Utilities & Power New York, New York Chris Lutz Present "Combined Reporting and the Unitary Business Principle, with a focus on Regulated and Unregulated Groups" at Spring 2019 Start-Up Conference…

5/15/19 Georgetown University Law Center Washington, DC Chris will discuss income tax and cryptocurrency at the 42nd Annual Advanced State and Local Tax Institute. Georgetown Law will host the event, and offers two full days of SALT sessions for attendees. If you have questions about the presentation, click here to contact Chris.…

5/15/19 - 5/16/19 42nd Advanced State and Local Tax Institute Georgetown University Law Center Washington, D.C. Chris Lutz, "Cryptocurrency and Taxation of the New Economy" - 5/15/19, 3:00pm-4:00pm Gather updates on state sales and corporate taxation and sourcing of digital products Discuss the implications of the exponential growth of the sharing economy and crypto-currency on state taxation Analyze the ramifications…

5/14/19 State Tax Round Up for Utilities and Power New York, NY Marilyn Wethkam conducts adetailed discussion of the issues that arise as a result of the states' application of IRC section 163 (j) bot in a regulated and non-regulated setting.…

5/7/19 Salvatore’s Italian Garden Buffalo, NY David Hughes presents "Multi-State Taxation" at the 60th Annual TEI Upstate New York Tax Conference. The all-day event hosts speakers from across the United States who will discuss tax and tax-related topics. Click here to learn more about the conference. Click here to contact David with questions.…

5/1/19 Chicago, IL David Hughes is a faculty member for Sales Tax Institute's Advanced Sales and Use Tax Advanced Workshop. David discusses taxation services, the construction industry and gross receipts taxes. Click here to learn more about Advanced Sales Use Tax Workshops. Click here to contact David with questions.…

4/24/19 Dallas chapter of Tax Executives Institute Dallas, TX Jordan Goodman and Marilyn Wethekam will lead a detailed discussion of the key SALT cases.…

5/6/19 - 5/8/19 Houston Chapter of Tax Executives Institute Hyatt Regency Houston Houston, Texas Marilyn Wethekam will conduct a detailed discussion of the key SALT cases of 2019 and their impact.…

3/12/19 Ritz-Carlton new Orleans New Orleans, LA David Hughes presents "Market Based Sourcing" at the ABA/IPT Advanced State Income, Sales/Use & Property Tax Seminar in March. The seminar is designed with attorneys, accountants, tax directors state and local tax managers, government tax officials, appraisers, property tax managers, commercial and industrial property managers and others interested in state and local income,…

Live Webinar At the end of this Webinar, participants will: Appreciate the numerous ways states are trying to tax out-of-state sellers Be aware of the "single state" attack on Quill and potential ramifications associated with its demise Understand the constitutional hurdles that a state must overcome to reverse Quill…

Council On State Taxation (COST) Sales Tax Conference & Audit Session San Antonio, TX - 3/1/17 Early Morning Ethics Coffee Talk: Ethics and Professional Responsibilities for Transaction Tax Professionals It's never too early to learn about ethics.  Come to this early morning session and be entertained by these speakers as they cover new and breaking ethical issues related to transactional…

Join us for our 15th Annual HMB Summer Camp!  A full-day conference presented exclusively to HMB's valued clients and invited guests.  Discover the latest issues, evaluate important updates and gain valuable insight from our seasoned professionals. Click here to request a PDF of the presentation. Agenda 8:00 - 8:30am - Registration & Continental Breakfast 8:30 - 8:45am - Welcome and…

An Illinois court September 3 dismissed a suit against out-of-state wine sellers and held that a state liquor law did not require the sellers to collect local sales and use taxes. In Stephen B. Diamond PC v. 1-800-Flowers.com, an Illinois attorney filed a qui tam complaint in the Circuit Court of Cook County on behalf of the state alleging that a group…