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KPMG reports: California, Indiana, North Carolina, Texas, Utah

KPMG reports: California, Indiana, others

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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  • California: The final application period for the “California competes tax credit”—an income or franchise tax credit available to businesses that relocate or remain and grow in California—for the fiscal year ending June 30 will run from March 9 to March 30, 2020. There is $71.8 million available for allocation, plus any remaining unallocated amounts from previous application periods. Read a March 2020 report

  • Indiana: The Department of State Revenue issued a revenue ruling that concludes that a print and production company domiciled in Europe was required to register as an Indiana retail merchant under the state’s economic nexus law. The revenue ruling further provides that transactions whereby title to printed catalogs passed from the company to its customers in Indiana (at a printer’s facility) constituted Indiana transactions for purposes of the sales tax thresholds. However, tax may not be owed if the customer provided the company with direct pay permits or information that the catalogs were being shipped out of state. Read a March 2020 report

  • North Carolina: The state’s highest court affirmed a lower court decision concerning whether dividends, deducted for federal purposes, constituted income that was not taxable under North Carolina law. The North Carolina Supreme Court held that the dividends constituted “not-taxable income” and concluded that the taxpayer must reduce its “net economic losses” by these non-taxable dividends. Read a March 2020 report

  • Texas: A state appeals court held that a health club that purchased gym equipment and certain kids’ club supplies was not entitled to a sale-for-resale exemption on the equipment. The court held the taxpayer had not transferred possession or control of the gym equipment to its members. However, purchases of stickers and crayons used in the gym’s club for children were purchased for resale, given that the members’ children could take them home. Read a March 2020 report

  • Utah: The Tax Commission ruled that convenience and ticket order-processing fees associated with taxable sales of admissions made by a third-party vendor were not subject to sales tax. Because the fees were charged only when a ticket was sold through a third-party vendor (and not when a customer purchased a ticket at the box office), the fees were not amounts paid or charged as admissions. Read a March 2020 report

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