News & Insights: steven p bryde

SALT Alert: Amazon Puts FBA Sellers on Notice of Possible Sales Tax Nexus


By Steven P. Bryde  |  December 11, 2018

In October 2018, Amazon advised its Fulfillment by Amazon (FBA) sellers that it intended to provide the California Department of Tax and Fee Administration (the Department) with the FBA sellers’ contact information (name, address, and email) and U.S. Taxpayer identification numbers, by November 6, 2018.

SALT Alert: U.S. Supreme Court Overturns Physical Presence Rule for Out-of-State Sellers


By Steven P. Bryde |  James (Jay) M. Brower, Jr  |  June 27, 2018

On June 21, 2018, the U.S. Supreme Court overturned a longstanding court precedent that applied to the collection of sales tax from online and other remote retailers. In South Dakota v. Wayfair, Inc. et al, the Court replaced the “physical presence” rule with a new standard for determining when states can impose a sales tax collection responsibility on out-of-state sellers of taxable goods and services.

SALT Alert: New York State 2017-2018 Budget


By Steven P. Bryde  |  April 21, 2017

New York State Governor Andrew M. Cuomo signed the 2017-2018 State Budget. The bill contains a variety of corporate franchise, personal income, and sales/use tax changes. 

This year’s budget proposal contains a number of extenders and measures focused on compliance. The final budget may, however, be more notable for the original January proposals that were removed from the final budget, as opposed to what remained. Next, State legislatures, including New York’s, will likely be focused on addressing the effects of foreseeable federal tax law changes.

  

New York changes personal income tax rules


By Steven P. Bryde  |  August 15, 2016

New York State just released a summary of recently enacted legislation regarding income taxes that may be levied in addition to those personal income taxes described in the state's Budget for 2015-2016 corporate tax provisions. 

The following topics are included in the following report:

  • New York City enhanced real property tax credit extended
  • New York City income tax credit for general corporation taxes paid extended
  • Property tax relief credit established
  • Taxpayer refund choice act extended
  • Yonkers resident income tax surcharge and the Yonkers earning tax on nonresidents extended

SALT Alert - NYC to Require Employers to Offer Pre-tax Transit Benefits


By Steven P. Bryde  |  November 19, 2015

The Affordable Transit Act (Intro 295-A) requires New York City employers to offer pre-tax transit benefits in 2016. Employers that do not already offer these benefits will need to have a qualified transportation benefit program in place when the new law takes effect on January 1, 2016.  This alert describes who is covered and exempt under the law and provides information about the penalties for non-compliance.

SALT Alert - US Supreme Court Decision in Wynne May Impact Taxpayers in Other States


By Steven P. Bryde  |  June 11, 2015

The United States Supreme Court, in a 5-4 decision, recently issued its decision in Comptroller of the Treasury of Maryland v. Wynne et ux. According to the Court, Maryland’s personal income tax scheme violates the dormant Commerce Clause of the Constitution of the United States.

State and Local Tax Advisor: Highlighting Key Tax Law Changes Across the Region


By Steven P. Bryde  |  December 15, 2014


State and Local Tax Advisor: Highlighting Key Tax Law Changes Across the Region


By Steven P. Bryde  |  November 24, 2014

Each state has its own unclaimed property laws. Your business may be liable for penalties and interest, if it fails to timely report its unclaimed property. To help your business with its compliance obligations, this article covers some of the major unclaimed property laws in three states, California (CA), New Jersey (NJ) and New York (NY), and helps clarify the what, when, and where questions that often plague businesses with unclaimed property.

New York State and City Residency Rules Create Tax Traps for the Unwary


By Steven P. Bryde  |  September 1, 2014

Is your client a resident of New York State for tax purposes?  Under NYS Tax Law Section 605(b), a resident is defined as someone who maintains a “permanent place of abode” and spends more than 183 days of the tax year in New York.  But a recent case has redefined “permanent place of abode” for the purposes of determining statutory residency – and taxpayers and their counsel need to be careful:  City and state residency rules remain complex and continue to lay many tax traps for the unwary.

This article, “New York State and City Residency Rules Create Tax Traps for the Unwary”, was originally published in The Metropolitan Corporate CounselSeptember 2014.

Marks Paneth State and Local Tax Advisor: Highlighting Key Tax Law Changes Across The Region


By Steven P. Bryde  |  April 8, 2014

On March 31, Governor Cuomo and the New York State (NYS) Legislature reached agreement on the 2014-2015 Budget, which is effective April 1.

This newsletter provides a summary of the more important tax provisions contained in the budget. 

MARKS PANETH STATE AND LOCAL TAX ADVISOR: HIGHLIGHTING KEY TAX LAW CHANGES ACROSS THE REGION


By Steven P. Bryde  |  February 5, 2014

There are several noteworthy proposed tax law changes in the Proposed New York State Budget Tax Provisions. Please note that for “estate tax of gifts,” action may be required before April 1, 2014. 

The Proposed Budget will reduce taxes by $500 million in 2014-2015 and reduce taxes by $1.6 billion in 2015-2016. Under the Proposed 2014-2015 Executive Budget, these are the important changes of which you should be aware:

MARKS PANETH STATE AND LOCAL TAX ADVISOR: HIGHLIGHTING KEY TAX LAW CHANGES


By Steven P. Bryde  |  October 15, 2013

Based on legislation signed into law by California (CA) Governor Gerry Brown on October 4, 2013, investors in "qualified small business stock" (QSBS) of CA. companies will not owe CA income tax on 100% of the gain from the sale of their QSBS interest retroactive to 2008-2012 based on the previously decided case, Cutler v. Franchise Tax Board, that struck down the 50% income tax exclusion on gains from the sale of QSBS of CA companies. The new law reverses the decision in the Cutler case. Note: To qualify as a QSBS company under the new law, the Company must have 80% of its payroll as measured by total dollar value, attributable to employment located within CA.

MARKS PANETH STATE AND LOCAL TAX ADVISOR: HIGHLIGHTING KEY TAX LAW CHANGES ACROSS THE REGION


By Steven P. Bryde  |  September 19, 2013

The New York State Legislature has recently passed and Governor Cuomo has signed into law, an economic development program that would create "tax-free zones" for businesses that locate near State University of New York (SUNY), City University of New York (CUNY) and certain private college and university campuses located in most upstate regions of New York (NY). The law is effective for tax years beginning on or after January 1, 2014.

Cloud Computing Transactions are the New "Wild West" Sales Tax Frontier


By Steven P. Bryde  |  September 13, 2013

New York imposes a sales tax on basic data access known as a taxable information service. In addition, the state has begun subjecting software-as-a-service (“SaaS”) and cloud computing to sales/use tax if the buyer is located in New York. It is one of a limited number of jurisdictions at the leading edge of aggressiveness in defining the taxability of online and cloud-computing transactions. But such aggressiveness is a growing trend. And for businesses, this tax posture creates a new set of obligations.

This article, “Cloud Computing Transactions are the New ‘Wild West’ Sales Tax Frontier as Jurisdictions Push Aggressively to Increase Online Revenue”, was originally published in The Metropolitan Corporate Counsel, September 2013.

Marks Paneth TAX ALERT: NEW YORK STATE ENACTS BUDGET AND NEW YORK COURT RULES ON “AMAZON TAX”


By Steven P. Bryde  |  May 7, 2013

On March 20, 2013, Governor Cuomo and the State Legislative Leaders reached a new Budget for the fiscal year beginning April 1, 2013. Subsequently, the Governor signed the Legislation into law.

The 2013-2014 Budget closes a $1.3 billion gap with no new taxes or fees. Here are a few of the more noteworthy provisions.

VIDEO: Doing Business in the Cloud is Great, Except for Tax Traps


By Steven P. Bryde  |  December 1, 2012

New York, along with other states, is zeroing in on services that haven't been taxed before, and cloud computing is right up there on the list. Steven Bryde discusses the complications of taxation on companies using the Internet to do business.

Tax Alert: Additional Guidance on Filing MCTMT Protective Claims


By Steven P. Bryde  |  October 22, 2012

This is an update to the Marks Paneth Tax Alert issued on August, 28, 2012 addressing the New York State (NYS) Supreme Court decision, Mangano, et al. v. Silver, et al., which held the NYS Metropolitan Commuter Transportation Mobility Tax (MCTMT) to be unconstitutional and that employers located in the the Metropolitan Commuter Transportation District (MCTD) who have been paying this tax since its effective date, March 1, 2009, should file protective refund claims on or before November 2, 2012. At the time of the August alert, NYS had not issued guidance on the proper procedure, so we recommended that taxpayer/employers file amended Forms MTA-305 in paper form.

Tax Alert: NYS Metropolitan Commuter Transportation Mobility Tax Deemed Unconstitutional


By Steven P. Bryde  |  August 28, 2012

On August 22, 2012, in the case entitled Mangano, et al. v. Silver, et al, NYS Supreme Court, No. 14444/10, New York State (NYS) Supreme Court Justice Bruce Cozzens granted the plaintiffs’ motion for summary judgment and held the Metropolitan Commuter Transportation Mobility Tax (MCTMT) to be unconstitutional under the NYS Constitution. The Justice said that the MCTMT did not serve a substantial state interest and the tax appropriated public funds for a local project.

State and Local Tax Advisor, June 2012


By Steven P. Bryde  |  July 6, 2012

Marks Paneth has published the latest issue of State and Local Tax Advisor. Click below for the June issue.

Facing Up to the State and Local Tax Headache The Internet Era Serves Up to the Hospitality Industry


By Steven P. Bryde  |  April 30, 2012

The hotel you operate sold a block of rooms through Expedia. Expedia charged consumers $100 per night. You received a discounted rate of $80 per room per night from Expedia – discounted because Expedia went to the effort of advertising and booking the rooms for you. In addition, Expedia paid you $8 per room per night to cover the 10 percent occupancy tax – based on the discounted rate of $80 per night. Expedia keeps $22 per room per night for itself, as its fee. Has Expedia done the right thing? Or has it underpaid you for the occupancy tax?

State and Local Tax Advisor, March 2012


By Steven P. Bryde  |  March 19, 2012

Marks Paneth has published the latest issue of State and Local Tax Advisor. Click below for the March issue.