Tax Law Updates

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Klauer v. Commissioner: Step Transaction Doctrine Does Not Apply to Multi-Step Bargain Sales to Charity

By H. Jacob Lager of Zuber & Taillieu

The Tax Court has held that the step transaction doctrine did not apply to a series of bargain sales from a family-owned S Corp. to a charitable organization. As a result, the shareholders were entitled to charitable contribution deductions related to the sales. In William R. Klauer v. Commissioner of… More...

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NY State Tax Dep’t Issues Guidance on Expansion of Definition of Sales Tax Vendor

Expansion of Definition of Sales Tax Vendor  |  TSB-M-09(3)S  |  5/6/2009

The New York State Department of Taxation and Finance (‘Department”) has issued a tax guidance relating to the definition of a sales vendor. More...

Mo Revenue Dep’t: Applicant’s Software Implementation Services Included in Software Sale Is Subject to Sales or Use Tax

Mandatory Software Implementation Services  |  LR5673  |  5/22/2009

The Missouri Department of Revenue (“DOR”) has issued a letter ruling, stating that a company’s (“Applicant”) software implementation services sold with computer software are subject to state sales or use tax. More...

Hike in District Sales and Use Tax Rates in California to Take Effect on July 1, 2009

Increase in Sales and Use Tax Rates in California Effective July 1, 2009  |  NR 48-09-G  |  6/2/2009

The California State Board of Equalization (“BOE”) has issued a release stating that a number of voter-approved sales and use tax increases – designed to provide revenue for local purposes – will take effect July 1, 2009. More...

Ill Dept of Revenue Clarifies Rule on Taxation of Sales of Canned Computer Software

General Information Letter ST 09-0036-GIL  |  ST 09-0036-GIL  |  3/19/2009

In a general information letter (“GIL”), the Illinois Department of Revenue (“Department”) has stated that neither the transfer of canned computer software nor the subsequent software updates will be subject to Retailers' Occupation Tax under 86 Ill. Adm. Code 130.1935 if transactions for the licensing of computer software meet all of the criteria provided in subsection (a)(1) of Section 130.1935. More...

NY Tax Dep’t: Access Charges for Web-based Mortgage Loan Origination Product Subject to Sales Tax

Advisory Opinion on Petition No. S080408A  |  TSB-A-09(15)S  |  4/15/2009

The New York State Department of Taxation and Finance (”Department”)has issued an advisory opinion stating that petitioner Electronic Mortgage Affiliates Inc.’s (“petitioner”) charges for access to its Web-based mortgage loan origination and processing product are subject to sales tax . More...

CA BOE Issues Amendments to Regulation 1591 on Implanted Medical Devices

Sales and Use Tax Regulation 1591, Medicines and Medical Devices  |  Regulation 1591  |  4/29/2009

The California Board of Equalization (“BOE”) has issued amendments to Regulation 1591 relating to medicines and medical devices in order to clarify the rule on taxation of permanently implanted medical devices. More...

Australian Taxation Office: Deduction Not Allowed for Virtual Land Depreciation

Australian Taxation Office ATO ID 2009/28  |  ATO ID 2009/28  |  5/1/2009

In an interpretative decision, the Australian Taxation Office (“ATO”) has ruled that a taxpayer can not claim a deduction under subsection 40-25(1) of the Australian Income Tax Assessment Act 1997 (“ITAA”) for the decline in value of rights to virtual land which he starts to hold upon payment of a capital amount to the provider of an online role-playing game. More...

IRS: Differential Pay to Workers on Military Duty Is Subject to Income Tax Withholding

Revenue Ruling 2009-11  |  Rev. Rul. 2009-11  |  4/16/2009

Revenue Ruling 2009-11 provides that differential pay that employers pay to their employees that leave their job to go on active military duty is subject to income tax withholding, but is not subject to Federal Insurance Contributions Act (“FICA”) or Federal Unemployment Tax Act (“FUTA”) taxes. More...

IRS Issues Fact Sheet on Tax Clearance for Aliens Leaving the U.S.

IRS Fact Sheet on Tax Clearance Documents for Aliens Leaving the U.S.  |  Section 871  |  4/30/2009

Before leaving the United States or any of its possessions permanently or for an extended amount of time, all U.S. resident aliens and nonresident aliens (with certain exceptions) must prove they have met all federal tax requirements, the Internal revenue Service (“IRS”) held in a fact sheet. More...

IRS Releases Revenue Procedure on Examination of Returns and Claims for Refund

Examination of returns and claims for refund, credit, or abatement  |  Rev. Proc. 2009-22  |  3/31/2009

This revenue procedure provides information to any individual who failed to meet the eligibility requirements of §911(d)(1) of the Internal Revenue Code (“IRC”) because adverse conditions in a foreign country precluded the individual from meeting those requirements for taxable year 2008. More...

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Companies Mentioned

Tax Law

The following companies are mentioned in Tax Law Updates:

Internal Revenue Service

Swallows Holding, Inc.

The State of New York

New York State Department of Taxation and Finance

Amazon.com LLC

Amazon Services, LLC

Department of Justice

Santini Stone LLC

City of Chicago

StubHub, Inc.

Mayer Brown LLP d.b.a. Mayer, Brown, Rowe & Maw LLP

Textron Inc.

County of Los Angeles

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Detroit Medical Center

Additional Resources

Tax Law