The New York State Department of Taxation and Finance has been drafting new Corporation Franchise Tax Regulations to incorporate the changes made by the corporate tax reform legislation that went into effect in 2015.
The newest draft regulations address net operating losses carried forward from pre-2015 tax years. In order to preserve the value of unused NOLs that arose prior to 2015, New York has created a prior net operating loss conversion (PNOLC) subtraction pool that can be applied against apportioned income in post-2015 tax years.
During the past several years, we have seen a continuing trend in New York personal income tax audits involving the examination of federal tax issues. The New York State Tax Department, overall, has one of the more sophisticated and aggressive personal income tax audit groups in the country. For years, as I have outlined in numerous blogs and articles, the Tax Department’s residency audit program has been second to none. But as we have seen, the Tax Department focuses more on flow-through entity issues. We also have seen the expansion of an interesting phenomenon: federal tax audits being conducted by New York tax auditors.
The New York State Department of Taxation and Finance has launched its new “Quick Pay” app. It’s a new, free service that allows taxpayers to pay their tax bills or debts from an audit or case that’s gone to collections directly from their bank accounts. Though billed as an “app,” it’s not something you can download on your phone. It’s just an “app” (or “application”) that you can access on the State’s website. But the State calls it an “app,” probably because it just sounds way cooler.
Taxpayers made more than 2,600 payments worth $2.5 million in the first four weeks after Quick Pay was launched on March 24. This only applies for individuals, though. Corporations, etc. can’t pay through this app.
Here’s a note on an interesting development in the ongoing litigation between the Tax Department and Sprint. For background, Sprint has been embroiled in the false claims action brought by New York State as a result of allegations that Sprint knowingly under-collected sales tax on bundled charges to New York cellular customers. When the case was brought several years ago, it was the first big false claims case brought by the State under the new False Claims regime that included tax violations under its realm. Sprint unsuccessfully tried to dismiss the lawsuit altogether, but a couple of years ago New York’s Court of Appeals held that the action could continue.
Since the new corporate tax reform went into effect on January 1, 2015, the New York State Department of Taxation and Finance has been providing “general guidance” -- answers to frequently asked questions (FAQs) -- on topics of interest to taxpayers. Recently, the Tax Department clarified two administrative issues with combined filing under the new regime and issued an FAQ with respect to the proper completion of the apportionment schedule on the return.
The New York State Department of Taxation and Finance has announced the Second Annual New York State Tax Summit to be held June 2 at the Empire State Plaza in Albany, New York.
Over the weekend of April 8-9 the Legislature passed the Budget for New York’s 2107-18 fiscal year which started April 1. On April 10, the Governor signed the legislation.
On March 7th, a Superior Court in Connecticut issued a decision that could have a significant impact on some investment fund managers who live in Connecticut but manage funds in other states. In Jonathan A. Sobel v. Commissioner of Revenue Services, the Judge held that investment (and therefore intangible) income received by Mr. Sobel, a partner in a partnership that served as the general partner and advisor of certain investment funds, was New York source income and therefore Mr. Sobel could claim a credit on his 1997 and 1998 Connecticut resident tax return for taxes paid to New York (yes, the case has been going on that long!).
Last month we published an article in State Tax Notes about my favorite topic: our win in the 2014 Gaied case. Folks around here are a bit tired of me talking about Gaied. Heck, there’s even a video out there! But I couldn’t let Gaied’s 3rd birthday go by without a mention. That would just be mean.
The U.S. District Court for the Southern District of New York recently held that UPS violated an agreement it had signed with the state of New York, as well as New York law, when it transported unstamped, untaxed cigarettes from and between Native American reservations for a number of shippers and awarded the state compensatory and monetary damages, with what could mean up to $872 million.