The State and Local Tax Committee is responsible for TEI’s educational and advocacy efforts for U.S. state and local tax issues.
The committee monitors state and local tax developments throughout the country, files amicus briefs with state and federal courts on impending state and local tax issues, and files comment letters addressing various legislative and administrative proposals.
The committee has also developed an extensive set of policy statements reflecting TEI's position on important administrative and procedural issues. These statements facilitate advocacy by providing formal position papers TEI's members can use when communicating with taxing agencies. Finally, the committee regularly conducts liaison meetings with state and local taxing authorities to discuss tax-enforcement and policy matters in those jurisdictions.
TEI Holds Liaison Meeting with the Federation of Tax Administrators
On November 20, 2015, a delegation from TEI's State and Local Tax Committee had a liaison meeting with the Federation of Tax Administrators' Board of Trustees, which is comprised of 20 commissioners of revenue for various states. TEI discussed the need to standardize the timing, triggers, and format for reporting federal revenue changes to state governments, as well as best practices for audit procedures.
TEI Issues Five State and Local Tax Policy Statements
In November 2015, TEI issued five state and local tax policy statements: (1) Reporting Federal Income Tax Changes, (2) Audit Procedures, (3) Corporate Tax Return Due Dates, (4) State and Local-Imposed Audit Fees, and (5) Interest Rates. TEI's policy statements reflect TEI's position on important state and local administrative and procedural issues. They are intended to enable TEI to respond quickly to issues as they arise across the country and to facilitate advocacy by providing formal position papers TEI's members can use when communicating with taxing agencies.
U.S. Supreme Court Issues "GVR" Order in First Marblehead Massachusetts Apportionment Case
On October 13, 2015, the U.S. Supreme Court issued an order following TEI's recommendation to issue a "GVR order" in First Marblehead v. Massachusetts Commissioner of Revenue. First Marblehead involves the proper apportionment of financial institution's income under Massachusetts' financial institutions excise tax under the dormant Commerce Clause.
TEI Recommends State Tax Reforms to Maryland's Augustine Commission
On September 30, 2015, TEI recommended four state tax reforms that would further the Maryland Economic Development and Business Climate Commission (the Augustine Commission) goals of making Maryland a better place to do business and keeping Maryland competitive in economic and private sector growth and prosperity. TEI recommended: (1) a reduction of the interest rate on underpayments of tax, (2) a legislative directive narrowing the application of the principles espoused in Gore Enterprise Holdings, Inc. v.
TEI Urges Veto of Proposed Repeal of Massachusetts' FAS 109 Deduction
On July 16, 2015, TEI submitted a letter to Massachusetts Governor Charlie Baker urging his veto of the Legislature's proposed repeal of Massachusetts' FAS 109 deduction as part of the Commonwealth's fiscal 2016 budget. The FAS 109 deduction was adopted as part of Massachusetts combined reporting regime in 2008 and was designed to mitigate the financial reporting impact for publicly-traded companies whose net deferred tax liabilities increased as a result of the shift to combined reporting.
TEI Files Amicus Brief with the U.S. Supreme Court in Washington's Hambleton Retroactivity Case
On July 6, 2015, TEI filed an amicus brief supporting the taxpayer's petition for writ of certiorari in Hambleton v. Washington Department of Revenue, No. 14-1436. Hambleton challenges the Washington Legislature's eight-year retroactive amendment of Washington's estate tax. The Washington Legislature enacted the amendment in response to the Washington Supreme Court's decision in Estate of Bracken, 290 P.3d 99 (Wash.
TEI Files Amicus Brief With U.S. Supreme Court in Massachusetts' First Marblehead Apportionment Case
On July 2, 2015, TEI filed an amicus brief with the U.S. Supreme Court in a Massachusetts case challenging the application of the internal consistency test, First Marblehead Corp. v. Massachusetts Commissioner of Revenue, No. 14-1422. First Marblehead involves the proper apportionment of financial institution's income under Massachusetts' financial institutions excise tax.
U.S. Supreme Court Rules Maryland Tax Credit is Unconstitutional in Comptroller v. Wynne
On May 18, 2015, the United States Supreme Court issued a decision in Comptroller v. Wynne, holding that Maryland's personal income tax- which did not offer its residents a full credit for income taxes paid to other states on income they earned in those states - was unconstitutional. The majority opinion (5-4), authored by Justice Alito, held that the tax violated the dormant Commerce Clause because it discriminated against interstate commerce. Justices Scalia, Thomas, and Ginsburg authored dissenting opinions on varying grounds.
U.S. Supreme Court Holds Maryland's Personal Income Tax is Unconstitutional in Comptroller v. Wynne
On May 18, 2015, the United States Supreme Court issued a decision in Comptroller v.
TEI Files Amicus Brief with U.S. Supreme Court in Maryland's Comptroller v. Wynne Dormant Commerce Clause Case
On September 26, 2014, TEI filed an amicus brief with the U.S. Supreme Court in a case involving the limitations imposed by the federal Commerce Clause on a state's ability to tax business income earned outside the borders of that state (Comptroller v. Wynne). In a line of cases beginning with Complete Auto Transit v. Brady, the Court has consistently held that corporate income earned in multiple jurisdictions must be apportioned, with the domiciliary state taxing only its fair share.