KPMG reports: Arkansas, Louisiana, Missouri, Tennessee

KPMG reports: Arkansas, Louisiana, Missouri, Tennessee

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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  • Arkansas: The Department of Finance and Administration determined that a taxpayer/contractor’s purchases made on behalf of a government-owned hospital for use in a construction project were exempt from gross receipts and use tax because the taxpayer was the agent of the government hospital. After reviewing the agreement between the taxpayer and the hospital, Revenue Legal Counsel concluded that because the contractor had essentially “stepped into the shoes” of the hospital, the purchases were exempt from tax. Read a June 2020 report

  • Louisiana: The Sales and Use Tax Commission for Remote Sellers announced it will begin as of July 1, 2020, enforcing the sales and use tax economic nexus thresholds (over $100,000 of sales or 200 transactions). In addition, Senate Bill 138, which is pending signature, would require marketplace facilitators to collect and remit tax on “facilitated sales,” and also would be effective July 1, 2020. Read a June 2020 report

  • Missouri: The state’s Supreme Court—in reversing the findings of an administrative hearing—held that a professional football team was not liable for sales and use tax on certain items purchased during renovations to a stadium because the football team did not provide valuable consideration in exchange for the items and therefore had not acquired ownership of the items.  Read a June 2020 report

  • Tennessee: A state appeals court held that a statute that prohibited an affiliated group of taxpayers—two disregarded limited liability companies (LLCs) and the partnership that was their sole member—from computing their excise tax in a consolidated manner was not unconstitutional.  Read a June 2020 report

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