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SALT Update – June 2015

Each month, we’ll bring you a quick synopsis of critical state and local tax changes, to help you look for opportunities and avoid significant snags.

South Carolina Grants Department of Revenue Authorization to Enact a Tax Amnesty

Effective June 8, 2015, South Carolina Governor Nikki Haley signed a bill to amend the Code of Laws of South Carolina to allow the SC Department of Revenue to establish a 3-month amnesty period. During this period, the Department of Revenue will waive delinquent tax penalties and interest. Please click here for more details.

Maryland Releases Information Regarding 2015 Tax Amnesty Program

The Maryland Comptroller has released information regarding their 2015 Tax Amnesty Program that will run from September 1, 2015 through October 30, 2015. Amnesty applications must be received or postmarked no later than October 30, 2015. Please click here for more details.

Missouri Governor Signs Legislation Authorizing Tax Amnesty

On April 27, 2015, Missouri Governor Jay Nixon signed legislation that will authorize and create a tax amnesty program that will waive all penalties, additions to tax, and interest. The tax amnesty program will run from September 1, 2015 to November 30, 2015. Please click here for more details.

Tennessee Out-of-State Retailer Nexus

Effective July 1, 2015, Tennessee now has a rebuttable presumption that out-of-state retailers have nexus, and must collect sales and use tax. This is dependent on the retailer paying an in-state party fees or commissions to refer the customers to the retailer. Please click here for more details.

Nevada Enacts Annual Commerce Tax

Effective July 1, 2015, Nevada Governor Brian Sandoval singed into legislation an annual commerce tax. This tax is imposed on all entities engaged in business in Nevada whose Nevada gross revenue is greater than $4 million. Please click here for more details.

Texas Governor Signs Franchise Tax Reduction Act

On June 15, 2015, Texas Governor Greg Abbott signed the Franchise Tax Reduction Act of 2015. This act makes various changes to the franchise tax rates for reports originally due on or after January 1, 2015 but before January 1, 2016 and reports originally due on or after January 1, 2016. Please click here for more details.

Florida District Court of Appeal Determines Violation of Commerce Clause for In-State and Out-of-State Communication Services

The Florida District Court of Appeals determined on June 11, 2015 that Florida statute section 202.12(1) is unconstitutional and discriminates against interstate commerce which is a violation of the Commerce Clause. This stems from a 2005 suit filed in which the trial court held that section 202.12(1) does not violate the Commerce Clause because it does not benefit in-state economic interests. Please click here for more details.

David R. Venanzi, Jr. is a senior accountant in the State and Local Tax Group, providing income tax and sales and use tax consulting.

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