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Taxation
NEW! 10/20/2009 11:37:15 AM EST
Is New York's Amazon Tax Law the First of Many?

Summary: In 2008, New York enacted the Amazon Tax Law, requiring certain e-tailers to collect and remit tax on sales to NY residents. The law has created controversy as to whether the relationship between the e-tailers and the in-state businesses creates sufficient nexus for imposition of this requirement. The law, which is currently being litigated, may have set a trend as other states have proposed or enacted similar measures emulating the New York Amazon Law. By Andrew W. Swain

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State Taxation
10/19/2009 10:04:36 AM EST
Is New York's Amazon Tax Law the First of Many?

Summary: In 2008, New York enacted the Amazon Tax Law, requiring certain e-tailers to collect and remit tax on sales to NY residents. The law has created controversy as to whether the relationship between the e-tailers and the in-state businesses creates sufficient nexus for imposition of this requirement. The law, which is currently being litigated, may have set a trend as other states have proposed or enacted similar measures emulating the New York Amazon Law.

By Andrew W. Swain

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State Taxation
7/21/2009 3:50:40 PM EST
Mandatory Combined Reporting as a Counter to Corporate Tax Avoidance Strategies

Many multi-state corporations operate in states that do not require combined reporting and that employ one or more tax-avoidance strategies to reduce their overall tax liability, causing significant declines in corporate tax revenues for the states. Mandatory combined reporting counters such strategies by treating businesses composed of multiple entities, such as a parent corporation and its subsidiaries, as a single entity for tax purposes.

This commentary discusses the merits of man

By Andrew W. Swain

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Taxation
7/20/2009 1:24:40 PM EST
Mandatory Combined Reporting -- A North Carolina Practice Insight

Many multi-state corporations operate in states that do not require combined reporting and that employ one or more tax-avoidance strategies to reduce their overall tax liability, causing significant declines in corporate tax revenues. Mandatory combined reporting counters such strategies by treating businesses composed of multiple entities as a single entity for tax purposes. In this Analysis, Andrew Swain: (1)
By Andrew W. Swain

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Taxation
7/20/2009 1:23:34 PM EST
Mandatory Combined Reporting -- A North Carolina Practice Insight

Many multi-state corporations operate in states that do not require combined reporting and that employ one or more tax-avoidance strategies to reduce their overall tax liability, causing significant declines in corporate tax revenues. Mandatory combined reporting counters such strategies by treating businesses composed of multiple entities as a single entity for tax purposes. In this Analysis, Andrew Swain: (1)
By Andrew W. Swain

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State Taxation
7/1/2009 5:16:02 PM EST
State Income Taxes Decoupled From IRC on Cancellation of Debt Income

The recently enacted American Recovery and Reinvestment Act of 2009 amended IRC § 108 by adding a provision cancelling debt income. This provision allows taxpayers to elect to defer the recognition of income realized from the discharge of indebtedness until 2014, when they may then spread the deferred income ratably over five years or until 2018. Since most states conform their income tax laws to the federal tax code, states risk seeing significant revenue declines over the years 2009 th

By Andrew W. Swain

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State Taxation
12/17/2008 2:20:24 PM EST
Understanding Indiana's Financial Institutions Tax
Andrew Swain provides an insightful multi-state overview of financial institutions taxation in State Taxation: Principles and Practice, a comprehensive, multi-authored treatise work scheduled for release by Matthew Bender in early 2009. Here, Mr. Swain addresses particulars relevant to financial institution taxation in Indiana. Mr. Swain writes:
By Andrew W. Swain

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Which health care reform tax proposal is least desirable?

Dems: Surtax AGI filers over ½MM single/1MM joint
Dems: Excise tax on the noncompliant uninsured
GOP: No tax incentives to buy individual coverage
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