Articles

2008-2009 New York State Budget: Jun-09-2008 — On April 23, Governor David A. Patterson signed New York State’s 2008-2009 budget bill into law. This article summarizes the new legislation the Legislature enacted.
Employee Benefits Developments February 2007: Feb-21-2007 — A brief look at developments in Employee Benefits law from January 2007, including cases, rulings, and opinions.
Employee Benefits Developments January 2007: Jan-18-2007 — A brief look at developments in Employee Benefits law that happened in December 2006, including cases, rulings, and opinions.
Tax avoidance transactions and reporting requirements in New York: Dec-27-2006 — The New York State Department of Taxation and Finance recently adopted a new regulation regarding various tax avoidance transactions. Most of the reporting requirements piggyback off of federal requirements, however some are specific to New York.
Employee Benefits Developments November 2006: Dec-07-2006 — A brief look at developments in Employee Benefits law for November 2006, including cases, rulings, and opinions.
Employee Benefits Developments October 2006: Nov-09-2006 — A brief look at developments in Employee Benefits law for October 2006, including cases, rulings, and opinions.
New York real property law update 2006: Oct-18-2006 — The following article summarizes significant case law and legislative developments affecting New York real property law during the second half of 2004 and the first half of 2005.
New York real property law update 2005: Oct-16-2006 — The following article summarizes significant case law and legislative developments affecting New York real property law during the second half of 2003 and the first half of 2004.
New York stock option tax rules invalidated: Oct-03-2006 — The New York State Department of Taxation and Finance's defeat in a recent case promises to change significantly the way in which New York State can tax stock option income earned by nonresidents.
New York's new 'notice and demand' rules create correctable confusion: Oct-03-2006 — The New York State tax department is issuing notice and demands much more frequently. This article examines the recent law change and disucsses some of the practical problems that have arisen as a result of its enactment.
New York's revised convenience rule provides some clarity and continued controversy: Oct-03-2006 — Just when the controversy surrounding New York's "convenience of the employer" rule seemed to be all but dead, the New York State Department of Taxation and Finance gave us another reason to write about it.
Refund opportunity for nonresidents with stock option income: Aug-29-2006 — A recent New York Tax Appeals Tribunal ruling may present a refund opportunity for nonresidents who paid tax to New York on stock option income using the “grant-to-exercise” rule.
Employee Benefits Developments August 2006: Aug-24-2006 — A brief look at developments in Employee Benefits law for August 2006, including cases, rulings, and opinions.
New law increases strictness and severity of publication requirements for LLEs and LPs: Aug-17-2006 — Businesses are strongly encouraged to consult with their lawyers and carefully analyze these new provisions and consider the impact upon entities they form.
New York State sales tax issues for the construction contractor: Aug-01-2006 — State sales taxes are tricky, especially in the construction industry, and New York is no exception.
Employee Benefits Developments July 2006: Jul-28-2006 — A brief look at developments in Employee Benefits law for July 2006, including cases, rulings, and opinions.
Governor vetoes bill that would have shifted the burden of proof in special education hearings back on school districts: Jul-28-2006 — The Supreme Court ruled the IDEA places the burden of proof in special education hearings on the party seeking relief. Prior to the Schaffer decision in New York, the burden of proof was on the school district.
New York State Property Tax Rebate Program: Jul-13-2006 — New York State homeowners can expect increased tax savings in the form of either a rebate or a tax credit later this year.
2006-07 New York State Budget: Jul-12-2006 — The New York State Legislature recently voted to override Governor Pataki’s veto of the original budget legislation. This article summarizes the new legislation the Legislature enacted.
Employee Benefits Developments June 2006: Jul-06-2006 — A brief look at developments in Employee Benefits law for June 2006, including cases, rulings, and opinions.
FDIC increases protection for retirement funds: Jun-30-2006 — The new rules, however, do not insure non-retirement accounts at the same institution.
Residency audits may challenge “former” New Yorkers: Jun-30-2006 — The 183-day rule is just the beginning. Are you still a New York State resident? The New York State Department of Taxation and Finance may not agree with your answer.
Employee Benefits Developments May 2006: Jun-09-2006 — A brief look at developments in Employee Benefits law for May 2006, including cases, rulings, opinions and more.
Municipal Law Alert: Ad valorem taxes against utility properties: May-19-2006 — A recent decision from New York’s highest court suggests that towns may now have increased latitude in levying special ad valorem taxes against utility properties.
Employee Benefits Developments April 2006: May-12-2006 — A brief look at developments in Employee Benefits law for April 2006, including cases, rulings, opinions and more.
Employee Benefits Developments March 2006: Apr-13-2006 — A brief look at developments in Employee Benefits law for March 2006, including cases, rulings, opinions and more.
Employee Benefits Developments February 2006: Mar-01-2006 — A brief look at developments in Employee Benefits law for February 2006, including cases, rulings, opinions and more.
Employee Benefits Developments January 2006: Feb-03-2006 — A brief look at developments in Employee Benefits law for January 2006, including cases, rulings, opinions and more.
Employee Benefits Developments December 2005: Jan-12-2006 — A brief look at developments in Employee Benefits law for December 2005, including cases, rulings, opinions and more.
Tax Alert: Erie County Sales Tax Rate Increase: Jan-12-2006 — Effective January 15, the local sales tax rate in Erie County, NY will increase to 4.75 percent. This local rate increase will bring the combined sales tax rate to 8.75 percent. This new rate will remain in effect through November 2007.
The Imposition of Unlimited Liability On Limited Partners and Members of LLCs in New York: Dec-07-2005 — According to the interpretation of the sales tax statute by the NYS Dept. of Taxation and Finance, there is no limit whatsoever to the liability of a limited partner or LLC member for the sales and use taxes that should have been collected by the entity.
Benefits Alert - Deferred Compensation Under 409A: Action Items: Dec-02-2005 — Proposed regulations addressing the application of IRC § 409A to nonqualified deferred compensation have been issued. This benefits alert identifies those actions that must be taken before the end of 2005 and offers an action plan for 2006.
Tax Alert: Katrina Emergency Tax Relief Act of 2005 (KETRA): Nov-04-2005 — As a result of this temporary provision, individual taxpayers can almost totally eliminate their federal taxable incomes for 2005.
Ten Tips to Prevent Identity Theft: Oct-15-2005 — This article includes ten tips for companies seeking to avoid incidences of identity theft as well as civil liability for such incidences.
Planning for Beneficiaries With Special Needs: Jul-25-2005 — Planning for beneficiaries with special needs requires special attention and special drafting of estate planning documents.
New York Tax Appeals Tribunal Issues Stock-Option Decision: Jul-22-2005 — The New York State Tax Appeals Tribunal has rejected New York's long-standing policy on the treatment of a nonresident's stock-option income.
Court of Appeals Upholds the “Convenience of the Employer Doctrine" in Matter of Huckaby: Mar-30-2005 — The Huckaby Court upheld the application of the controversial “convenience of the employer doctrine,” which in the Huckaby case was applied to tax 100% of the wages of a telecommuter who worked for a New York employer from his home in Tennessee.
Temporary Stays in New York: A New Set of Rules in Residency Audits?: Mar-21-2005 — The tax department now takes a more stringent view of the temporary assignment rules and has coupled that shift in policy with an increased focus on the issue in residency audits.
Corporate Fiduciaries, Advisors and Other "Co-Trustees" - Perhaps Your Trust Isn't Exempt From New York State Income Tax: Mar-15-2005 — New York resident trusts that were once thought to be exempt from New York income tax may now be taxable.