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KPMG reports: Maryland, New York, Wisconsin

KPMG reports: Maryland, New York, Wisconsin

KPMG’s This Week in State Tax—produced weekly by KPMG’s State and Local Tax practice—focuses on recent state and local tax developments.

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  • Maryland: Several significant tax bills were passed by the House, and have moved to the Senate for consideration. The proposals include measures to adopt mandatory unitary combined reporting; to provide a throwback rule for apportioning sales of tangible personal property; and to allow pass-through entities to elect to pay tax at the entity level with respect to the distributive shares or pro-rata shares of resident members of the pass-through entity. A separate sales and use tax bill would extend the sales tax to sales of certain digital products effective July 1, 2020, and would impose sales and use tax on telemarketing bureaus and other content center services and lobbying or public relations services. The status of these proposals is unclear, given that legislature announced this year’s regular session would be ending early due to the coronavirus (COVID-19 situation). Read a March 2020 report

  • New York: Legislation was introduced in the New York Senate that would impose a tax on revenues from digital advertising services in New York. This proposal, Senate bill 8056, is substantially similar to the measure under consideration in Maryland. If enacted, the tax would be effective for tax years beginning on or after January 1, 2021. Read a March 2020 report

  • New York: A state court held that intercompany transfers of title to “loaner cars” constituted retail sales for sales and use tax purposes. In reaching this decision, the court noted that it was “troubled” by what it considered a technical application of the law that was arguably not consistent with the intent of the law to tax purchases by final consumers. Read a March 2020 report

  • Wisconsin: A state court recently upheld a decision by the Tax Appeals Commission that cash distributions from a foreign partnership that had elected to be treated as a corporation for federal income tax purposes, were eligible for the Wisconsin dividends-received deduction. Read a March 2020 report 

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