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State & Local Tax Update - 4/27/12

Posted 12:00 PM by

Arizona Adjusts Qualifications for Charitable Contribution Credit: Effective for tax years beginning Dec. 31, 2011, contributions can only qualify for a tax credit if the organization to whom the contribution is made provides a written certification stating that it does not provide, pay for, or provide coverage of abortions and does not financially support any other entity that provides, pays for, or provides coverage for abortions. Language specifying that the organization will not promote or provide referrals for abortions is removed. See HB 2627 for details.

Maine Bill Eliminates Information Return Filing Requirement: Maine Governor Paul LePage recently signed a supplemental budget bill including a provision that eliminates certain information return filing requirements. For tax years beginning on or after January 1, 2012, the legislation repeals the information return filing requirement for partnerships and S corporations that have a resident partner or shareholder or income derived from sources in Maine. Related provisions are also repealed and certain other technical changes are made. See LD 1903 for details.

New Mexico Sales Tax Nexus Created for Online Bookseller: The New Mexico Court of Appeals has determined that the in-state use of the Barnes & Noble trademark was sufficient to meet the constitutional substantial nexus standard for Barnesandnoble.com LLC. Although the online bookseller (a separate legal entity) had no owned or leased property in NM, had no retail stores in NM, and no sales agents or employees in NM, the Court determined that nexus had been created through a relationship with the brick-and-mortar Barnes & Noble stores via utilization of common intangible property. (In the Matter of the Protest of Barnes and Noble Co, LLC v. New Mexico Taxation and Revenue Department, N.M. Ct. App., Dkt. No. 31,231, 04/18/2012.)

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