Glenn Newman

Firm/Organization: Greenberg Traurig, LLP

Latest Articles

New York Issues Sales Tax Guidance for Businesses With No Physical Presence in the State

November 8, 2019

In South Dakota v. Wayfair, Inc., et al., 138 S. Ct. 2080 (decided June 21, 2018), the Supreme Court of the United States held that physical presence in a state was not necessary for retailers to be required to collect and remit state sales and use tax. Many states, including New York, have passed statutes implementing that decision. On Nov. 5, 2019, the New York State Department of Taxation and Finance issued TSB-M-19(4)S, providing guidance…

Legacy Advisors

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

By Glenn Newman

May 8, 2019

On April 25, 2019, the United States Court of Appeals for the Federal Circuit decided that refundable state tax brownfield credits are taxable income for federal purposes. The court held in Ginsburg v. United States, “The excess amount of the brownfield redevelopment tax credit received by the Ginsburgs in 2013 is taxable gross income because it is an undeniable accession to wealth over which the Ginsburgs have complete dominion and control.” The case dealt…

E2 Law Blog

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

By Glenn Newman

May 8, 2019

Legacy Advisors

Offshore Online Retailers Can’t Hide From Sales Tax Collection

By Glenn Newman

January 22, 2019

Glenn Newman authored a Tax Notes International article titled “Offshore Online Retailers Can’t Hide From Sales Tax Collection.” To read the full article, click here.…

Legacy Advisors

New Jersey Tax Amnesty

By Glenn Newman, Marvin A. Kirsner, Martin L. Lepelstat & Bradley R. Marsh

November 26, 2018

Just in time for the holidays, the New Jersey Division of Taxation announced a tax amnesty program. Taking a “carrot and stick” approach, the Division of Taxation said that it would take amnesty applications from Nov. 15, 2018, through Jan. 15, 2019, for outstanding liabilities for taxes administered and collected by the New Jersey Division of Taxation based upon tax returns due after Feb. 1, 2009, (the end date of the previous amnesty) and before…

Legacy Advisors

Limitations for Charitable Deductions and SALT Credits

By Glenn Newman, Bradley R. Marsh & Marvin A. Kirsner

August 24, 2018

The Tax Cuts and Jobs Act (TCJA) placed a $10,000 annual limit on the deductibility of state and local taxes (SALT). In response to and attempting to work around that limitation, several states enacted programs that create charitable entities, contributions to which would entitle the donor to a credit reducing their property tax. This would reduce the amount of SALT paid by a taxpayer and allow the full deduction of the charitable contribution. New York’s…

Legacy Advisors

South Dakota v. Wayfair: Supreme Court Holds No Physical Presence Required for Online Retailer to be Required to Collect Sales Tax

By Marvin A. Kirsner, Bradley R. Marsh & Glenn Newman

June 21, 2018

On June 21, 2018, the U.S. Supreme Court in South Dakota v. Wayfair, Inc., et al., decided (5-4 although not the usual liberal/conservative split) that an online retailer does not have to maintain a physical presence in a state in order to be required to collect the state’s sales and use tax. This opinion overturns the pre-internet era 1992 precedent of Quill v. North Dakota, finding that Quill was erroneously decided. This decision says…

Legacy Advisors

Imposing a Tax Collection Obligation on Internet Sellers–South Dakota v. Wayfair

By Glenn Newman, William H. Gorrod, Marvin A. Kirsner & Bradley R. Marsh

April 19, 2018

This week the U.S. Supreme Court heard oral arguments for South Dakota v. Wayfair, regarding whether physical presence is required within a state for sales and use tax purposes, specifically addressing internet sellers. The case is challenging the Court’s 1992 decision in Quill v. North Dakota, 504 US 298, which upheld a decision from 1967 (National Bellas Hess v. Illinois, 386 US 753) and requires physical presence within a state in order to impose…

Legacy Advisors

NY Enacts Payroll Tax Law in Response to Federal SALT Deduction Limitation

By Glenn Newman & Marvin A. Kirsner

April 9, 2018

The Tax Cuts and Jobs Act (TCJA) limited the deduction for state and local taxes (SALT) to $10,000 for federal tax purposes. For those living in states that impose a personal income tax, this limitation may result in an increase in federal tax if their deductions for property taxes and income taxes paid to states and localities exceed the $10,000 limit. Continue Reading. …

Legacy Advisors

Token Issuers and Purchasers, Beware: The IRS May Tax Each Time Tokens are Used

By Pallav Raghuvanshi, Marvin A. Kirsner, Glenn Newman & Mary F. Voce

March 29, 2018

Many blockchain companies are using a largely unregulated means of raising funds, commonly known as an initial coin offering (ICO).[1] An ICO consists of the issuance of a newly generated cryptocurrency (generally referred to as a token) that runs on blockchain technology, in exchange for fiat currency (such as U.S. dollars) or other cryptocurrencies like bitcoin or ethereum. Broadly, tokens can either be classified as “utility tokens,” which provide users with access to…

Glenn Newman

New York Issues Sales Tax Guidance for Businesses With No Physical Presence in the State

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

Offshore Online Retailers Can’t Hide From Sales Tax Collection

New Jersey Tax Amnesty

Limitations for Charitable Deductions and SALT Credits

South Dakota v. Wayfair: Supreme Court Holds No Physical Presence Required for Online Retailer to be Required to Collect Sales Tax

Imposing a Tax Collection Obligation on Internet Sellers–South Dakota v. Wayfair

NY Enacts Payroll Tax Law in Response to Federal SALT Deduction Limitation

Token Issuers and Purchasers, Beware: The IRS May Tax Each Time Tokens are Used

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