View Recent Blog Posts in State and Local Taxation

  • By: Jaye Calhoun, William Kolarik and Mike McLoughlin In a case examining the extent to which the 14th Amendment Due Process Clause limits a state assertion's of jurisdiction over an out-of-state taxpayer, the Louisiana Court of Appeal for the First Circuit held that the Court lacked personal jurisdiction over an out-of-state corporation for income and franchise tax purposes because the corporation's contacts with... Continue Reading...
  • By: Jaye Calhoun, William Kolarik and Mike McLoughlin As predicted in Kean Miller's earlier blog post on an interesting developing movement toward centralized sales and use tax collection in Louisiana, the Louisiana Department of Revenue (the "Department") has expressed its reservations regarding certain aspects of the proposal submitted by the Louisiana Association of Tax Administrators (the "LATA"). The LATA had worked collaboratively with... Continue Reading...
  • By: Jaye Calhoun, William Kolarik and Mike McLoughlin On October 16, 2020, the attorney representing the Louisiana Association of Tax Administrators presented a proposal for centralized local sales and use tax collection in Louisiana (the "Localities' Proposal") to the Centralized Sales and Use Tax Administration Study Group (the "Study Group"). The Study Group was created by the Legislature earlier this year (HR 31,... Continue Reading...
  • By: Jaye Calhoun, William Kolarik and Mike McLoughlin It has become a somewhat unpleasant autumn ritual for many taxpayers: should we agree to a request from the Louisiana Department of Revenue (the "Department") for more time to audit. Once the decision to agree to an extension has been made, thanks to the COVID-19 pandemic, signing that waiver has become more complicated. Traditionally, the... Continue Reading...
  • By: Jaye Calhoun, William Kolarik and Mike McLoughlin The Louisiana Legislature called itself into a second extraordinary session to address several issues confronting the state. The Second Extraordinary Session, which began on September 28th, was called by the legislature, and not the governor, and will focus primarily on addressing the continuing negative economic effects of the coronavirus on Louisiana and the damage caused... Continue Reading...
  • By: Angela Adolph On Monday, the Federal Reserve Board announced significant expansions of the Municipal Liquidity Facility ("MLF"). The MLF was unveiled on April 9, 2020 as part of the federal initiative to provide trillions in loans to shore up those affected by the coronavirus pandemic. In a nutshell, the MLF is designed to provide a liquidity backstop... Continue Reading...
  • By: Angela Adolph Under Section 1031 of the Internal Revenue Code, a taxpayer may sell real property (the relinquished property) and replace it with real property of a like-kind (the replacement property) without recognizing tax on the sale if certain requirements are met. Two of those requirements involve deadlines: the taxpayer must identify replacement property within 45 days... Continue Reading...
  • By: Jaye Calhoun, Carey Messina, Kevin Curry, Jason Brown, Angela Adolph, John Miller, Phyllis Sims, Robert Schmidt, Royce Lanning and William Kolarik On March 27, 2020, President Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (Public Law No: 116-136, the "CARES Act" or the "Act"). Title I of the CARES Act creates the Paycheck Protection Program (discussed in more detail here). Generally speaking, the Paycheck Protection Program permits certain small businesses to apply... Continue Reading...
  • By: Jaye Calhoun, Carey Messina, Kevin Curry, Jason Brown, Angela Adolph, John Miller, Phyllis Sims, Robert Schmidt, Royce Lanning and William Kolarik While the Louisiana Department of Revenue (the "Department") has extended some filing and payment deadlines, it has not extended the April 15 and June 15 deadline for making 2020 first and second quarter individual and corporate estimated state income tax payments. Nor has the Department extended the April deadline for reporting and remitting March state... Continue Reading...
  • By: Angela Adolph The IRS recently issued Notice 2020-23, which extends the deadline for certain time sensitive actions that are required to be taken between April 1 and July 15. July 15 is the new deadline. The covered time sensitive actions include those actions relating to tax exempt bonds set forth in Revenue Procedure 2018-58, such as giving... Continue Reading...