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Articles by Mario Caito
NY Remote Tax Rule’s Survival Doesn’t Mean the Fight Is Over Original
Ever since the Covid-19 pandemic, controversy has surrounded the application of New York’s aggressive “convenience of the employer” rule — especially for employees who were forced to work remotely due to office closures. Earlier this month, a New York appellate court dealt a blow to workers in Matter of Zelinsky v Commissioner of Taxation and Finance.
High-Profile FCA Residency Case Settles for $40 Million | JD Supra
On May 31, 2024, D.C. announced a settlement with Michael J. Saylor and his company, MicroStrategy, requiring the defendants to pay $40 million in a settlement. This settlement dismisses the action the District brought against Saylor and MicroStrategy for allegedly violating the District’s False Claims Act and Tax Code.
Massachusetts v. Welch: Taxing a Nonresident on Intangible Stock Sales | JD Supra
As states continue to seek increased revenues, especially those high-tax states dealing with a dwindling tax base, we’re starting to see some states take unusual and fairly aggressive positions in tax cases. One recent example we covered involved New York and the enforcement of its “convenience rule” in the Zelinsky case. In November 2023, the Massachusetts Appellate Tax Board issued another doozy, holding in Welch v.
Fact-Free Residency Case at Tax Appeals Tribunal? | JD Supra
A few weeks ago, the Tax Appeals Tribunal issued a decision in a residency case, Matter of Glynn, holding that the Administrative Law Judge’s grant of summary determination was properly granted to the Division of Taxation. This is somewhat unusual for a residency case, as more extensive fact finding is usually necessary to resolve these disputes. And our fellow blogger at Taxes in New York (“TiNY”) had a lot to say about this opinion.
New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come! | JD Supra
If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023. While not getting nearly the attention as the sunset of the CBT surtax, the most sweeping changes might be several amendments to the Gross Income Tax. New Jersey quietly amended its partnership apportionment regime as part of Assembly Bill 5323 (A5323).
An Inside Look at Zelinsky Part II | JD Supra
Edward Zelinsky, a Connecticut resident and professor at the Benjamin N. Cardozo School of Law in New York City, recently added another chapter to his New York tax chronicles, once again challenging New York’s convenience of the employer rule. Professor Zelinsky lost his previous battle with New York, Zelinsky v. Tax Appeals Tribunal, 1 N.Y.3d 85 (2003), cert.
New York State Budget Notes – May 2023 | JD Supra
With all the noise from the pro hockey and basketball playoffs and the start of the baseball season, you may have missed the dust-up in Albany that delayed the State’s budget by almost a month. Some of the issues being debated had (at least to most outside observers) very little to do with determining how much to pay for government services and how to pay for them. But that’s how the sausage is made.
Tax Provisions of Interest in the Proposed 2023-24 Budget Bill | JD Supra
Here are some highlights from the New York State Legislature’s proposed Revenue portions of the State’s 2023-24 Budget (Assembly Bill 3009/Senate Bill 4009)(the “Budget”).
New Jersey Tax Laws: Out with the Old and In with New Tax Laws in 2023 | JD Supra
The COVID Extension of the Statute of Limitations on Assessments has Finally Expired. Old Law: Almost three years ago, at the beginning of the COVID-19 pandemic, Governor Murphy issued Executive Order 103, declaring a state of emergency in New Jersey. Subsequently, the New Jersey Legislature enacted a law that extended the deadline for the Division to assess New Jersey tax until 90 days after the conclusion of the state of emergency (L. 2020, ch. 19).
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