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Articles Posted in Tax

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SCOTUS Changes Sales and Use Tax Collection Nexus

This morning, our colleagues on the State & Local Tax team published their Client Alert titled The U.S. Supreme Court Changes Sales and Use Tax Collection Nexus. In South Dakota v. Wayfair, Inc., the Court overrules the “physical presence” requirement as “unsound and incorrect.” Takeaways from the Court’s decision include: South Dakota…

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California’s Proposition 13 Protection Is Once Again in the Crosshairs

Over the last few decades, there have been more than a few proposals seeking to limit or remove the protections Proposition 13 affords to some types of real estate. In their recent client alert, colleagues Craig A. Becker and Breann E. Robowski examine Initiative 17-0055, which would make two significant changes to…

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San Francisco Voters Have Dueling Rent Tax Proposals Coming Their Way in June

When it comes to real estate, every large U.S. city is in some ways its own unique ecosystem. Still, a local measure can set a standard that other municipalities take note of and potentially emulate. In their recent client alert on dueling proposals for commercial rent tax measures, colleagues Richard E.…

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Last Minute Tax Change Benefits Commercial Real Estate

In general, the Tax Cuts and Jobs Act bill allows pass-through owners making less than $157,500 ($315,000 for married couples) to take a flat 20 percent deduction on certain business income, before computing the ordinary income tax they would owe on the remainder. Under complex rules, the deduction phases out when…

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Texas Court of Appeals Confirms Power Generation Plants’ Eligibility for TCEQ Administered Tax Exemption

On July 11, the Texas Court of Appeals, Third District, at Austin, TX, decided the case of Freestone Power Generation, LLC, v. Texas Commission on Environmental Quality, et al., reversing the trial court’s ruling that eight Texas power companies were not entitled to certain property tax exemptions administered by the Texas Commission…

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A Sudden Shift in the Transfer Tax World

The California Supreme Court’s recent Ardmore decision expanding the applicability of California’s Documentary Transfer Tax Act will no doubt be the source of future litigation. In their recent client alert, colleagues Craig A. Becker, Richard E. Nielsen, Breann E. Robowski and Dianne L. Sweeney examine the issue.

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California Supreme Court Allows Documentary Transfer Tax For Proposition 13 “Change in Ownership”

In California Supreme Court Decision Changes the Transfer Tax World, Pillsbury attorneys Craig Becker, Richard Nielsen, Breann Robowski and Dianne Sweeney discuss the California Supreme Court’s decision in 926 North Armore Avenue, LLC v. County of Los Angeles: Court concludes counties and cities are permitted to impose a documentary transfer tax on entity transfers…

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The Estate Planning Conundrum: Maximizing Tax Benefits for Real Estate Investors with Significant Portfolios

There are two reasons why borrowing has become the tax-preferred method of financing a sophisticated real estate investment portfolio. First is the ability to finance improvements with debt, which offers depreciation deductions. Second is the ability to make leveraged distributions through refinancing without paying immediate tax on the proceeds. The…

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Texas Supreme Court Confirms that Commerce Clause Does Not Prohibit Levying of Property Taxes on Stored Natural Gas

Will the U.S. Constitution’s Commerce Clause always insulate interstate commerce from the imposition of state and local taxes? Not always, as the Texas Supreme Court recently confirmed, when it agreed with the Court of Appeals for the First District of Texas, that Texas counties are permitted to levy property taxes on natural…