Another stab at reversing Quill: Will Congress expand sales tax collection to online retailer?
September 6, 2016
The House Judiciary Committee recently released draft legislation that would implement a clearinghouse system for sales tax collection by online retailers. The proposed bill, dubbed the Online Sales Simplification Act of 2016, would end the bright-line physical presence standard mandated by the U.S. Supreme Court’s 1992 ruling in Quill Corp. v. North Dakota. The proposed… Read More
Save-the-Date: Ohio State & Local Tax Conference November 10. Get this conference on your calendar before you forget!
August 26, 2016
Save-the-Date: Ohio State & Local Tax Conference November 10 Critical state and local tax updates in time for tax season! Don’t miss your chance to hear from Chief Counsel for the Ohio Department of Taxation, Matthew H. Chafin, to find out what the Ohio Department of Taxation has in store for next tax season, as… Read More
Supreme Court Allows Public Utility Status for Ohio Sales/Use Tax Purposes Even Though Air Carrier Did Not Have a “Certificate of Public Convenience and Necessity”
August 25, 2016
In Epic Aviation, LLC v. Testa, the Court found that an air cargo carrier was entitled to public utility status, holding it met the common-carrier test for certain aspects of its business. Following prior Supreme Court precedent, this included providing regular package delivery services at reasonable and non-discriminatory prices according to pre-announced schedules. Therefore, purchases… Read More
Ohio Supreme Court Affirms Personal Income Tax Assessment Even Though Tax Commissioner Never Affirmatively Supported Residency Status at Lower Administrative Level
In Krehnbrink v. Testa, the Taxpayer did not file an Ohio income tax return for the year at issue claiming all of his income had been earned outside of Ohio. The Tax Commissioner affirmed the assessment based upon lack of evidence as to non-Ohio income. There was no reference in the Tax Commissioner’s Final Determination… Read More
Buckingham obtains full vindication for Congressman Renacci, earning six figure refund as decided by Ohio Supreme Court
June 24, 2016
Ohio Supreme Court mandates Ohio Tax Commissioner refund Congressman Jim Renacci $359,822 plus interest. Represented by Buckingham Tax Attorney, Steven A. Dimengo, and Litigator, Matthew R. Duncan, U.S. Congressman Jim Renacci won a six figure tax appeal stemming from amounts paid in 2008. In its June 15 decision, the Ohio Supreme Court unanimously found that… Read More
Ohio Sales & Use Tax: Digital Advertising Recognized as Nontaxable, but HB 466 Falls Short of Comprehensive Solution to Taxing on Services Delivered Online.
June 15, 2016
As we previously posted, the Ohio Department of Taxation has taken an extremely expansive view of taxable electronic information services (EIS). Per the Department, EIS essentially includes any services delivered via telecommunications equipment, including the Internet. With technological advances, the number of services delivered electronically has grown exponentially, which clearly could not have been anticipated… Read More