Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge! We will award prizes for the smartest (and fastest) participants. This Week’s Question: Enacted in 1976, which federal law prohibits state and local governments from imposing discriminatory taxes against railroad companies? E-mail your response to SALTonline@eversheds-sutherland.com. The prize for the first response to today’s question is a $20 UBER Eats gift card. Answers will be posted on Saturdays in…

This podcast discusses SALT issues concerning mergers and acquisitions that tax professionals should consider including: Tax diligence for buyers The impact of tax reform on SALT M&A issues State transactional and transfer taxes   Listen Now: http://traffic.libsyn.com/agrainofsalt/Eversheds_-_MA_Podcast_-_FINAL_-_7.2.2020_mixdown.mp3 Subscribe to our Podcast for more:    …

In a recently issued revenue ruling, the Tennessee Department of Revenue determined that a taxpayer’s digital services provided to other businesses were taxable “specified digital products,” a broad term based on definitions (and subject to detailed operating rules) in the Streamlined Sales and Use Tax Agreement. Sellers of business-to-business digital services should review this ruling to determine whether their offerings may be subject to Tennessee sales tax as a specified digital product, which historically has…

The Delaware Supreme Court reversed a lower court’s ruling and held that Overstock.com was not liable for nearly $7 million in damages because there was insufficient evidence to show that Overstock violated the Delaware False Claims Act by not reporting gift card unredeemed balances. The Plaintiffs – Delaware and the whistleblower who brought this case under Delaware’s whistleblower law – argued that Overstock engaged in a scheme to avoid paying abandoned gift card balances to…

On June 24, the Rhode Island Governor signed into law S2650 Substitute A, which clarifies the state’s sales taxation of cloud computing and streaming digital products to comply with the Streamlined Sales & Use Tax Agreement. The bill amends the definition of a taxable sale to include any license, lease, or rental of prewritten or vendor-hosted computer software and specified digital products.  The bill also amends the sales tax base for specified digital products,…

Indiana released Information Bulletin #89 updating guidance for remote sellers and marketplace facilitators. The guidance, which became effective July 1, implements SEA 408. It also notes, among other things, that marketplace facilitators must include both transactions made on its own behalf and transactions facilitated on behalf of their sellers when making the determination as to whether the economic nexus thresholds apply.…

The recently introduced SB 8627 would require short-term rental platforms to collect and remit sales taxes on behalf of the hosts on rental units leased outside of New York City. A similar measure was introduced last year but died in committee.…