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KPMG reports: Arizona, Massachusetts, New York City, Vermont

Arizona, Massachusetts, New York City, Vermont

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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  • Arizona: The Department of Revenue issued a ruling addressing a conflict between the transaction privilege tax-sourcing provisions in the Arizona state statutes and the model city tax code. The Department concluded that because Arizona’s state statute reflected the general administrative laws for sourcing sales, leases, and rentals of tangible personal property, the state sourcing statute superseded inconsistent provisions in the model city tax code. Read an October 2020 report

  • Massachusetts: A state appeals court reversed a decision of the appellate tax board that had held that the Indiana utility receipts tax (URT) was required to be added back in computing Massachusetts corporate excise. Under Massachusetts law, taxpayers must add back taxes “measured on or by income, franchise taxes measured by net income, franchise taxes for the privilege of doing business, and capital stock taxes imposed by any state.”  In the appeals court’s view, the Indiana URT was imposed on specifically enumerated receipts, including receipts from the retail sale of natural gas and electricity, and was fundamentally similar to transaction taxes on retail sales that could be deducted in computing Massachusetts corporate excise. Read an October 2020 report

  • New York City: The Department of Finance concluded that a lease termination fee paid over a 48-month period was not subject to New York City commercial rent tax, as the fee was not consideration paid for the right to occupy or use the premises. Read an October 2020 report

  • Vermont: House Bill 954 was enacted and reflects various changes to the state’s tax laws, including requiring marketplace facilitators to collect the universal service charge on behalf of marketplace sellers on all retail sales of prepaid wireless telecommunications services subject to Vermont sales and use tax. The new law also makes a few income tax changes, including updating the state’s conformity to the IRC as in effect on December 31, 2019. Read an October 2020 report

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