State Taxation

  • A Spotlight on New York State Residency Requirements

    By:
    Mark A. Nickerson, CPA, CMA, MBA
    |
    Jan 1, 2020
    In October 2019, President Donald Trump became the most recent high-profile individual to announce his departure from New York, choosing to make Florida his place of permanent residence. The move is heavily, if not entirely, motivated by the fact that Florida does not have any personal income or estate tax, whereas New York’s top income tax rate is 8.82% (and even higher for individuals living in New York City) and the top estate tax rate is 16%.
  • A Case of New York State Statutory Residency

    By:
    Brian Gordon, CPA
    |
    Dec 1, 2019

    A case concerning New York State statutory residency for the years 2012 and 2013 was recently decided by an Administrative Law Judge (ALJ) in the matter of Nelson Obus. This case reveals specifics of the law surrounding statutory residency, and how that law can potentially trip up taxpayers.

  • SoulCycle and the NYC Sales Tax on Fitness Clubs

    By:
    Brian Gordon, CPA
    |
    Sep 1, 2019

    A hearing was held before Administrative Law Judge (ALJ) Barbara J. Russo in the matter or SoulCycle, Inc. vs. the NYS Division of Taxation. The determination was issued on May 23, 2019.

  • What’s New in New York Taxes for Closely Held and Flow-Through Entities

    By:
    Timothy P. Noonan, JD
    |
    Aug 1, 2019
    Last month I spoke at the State Society’s annual conference on tax issues for closely-held entities.  My topic, as you might guess, was all-things involving New York State taxes in this area of the law.  This article outlines what I talked about, and it covers recent updates and developments in the New York State and City tax areas and how some of these changes effect closely-held and flow-through entities.
  • Medicaid Planning and the Medicaid Asset Protection Trust

    By:
    Pauline Yeung-Ha
    |
    Jun 1, 2019
    Technological advances have increased life expectancy significantly. As the population ages, caring for the elderly has become more prevalent. Rising health care costs is a concern for seniors. Many seniors are house rich, cash poor—their major asset is their home which they seek to protect against unexpected long-term care costs.
  • Utilizing Trusts for the Benefit of Those Suffering with Addictions

    By:
    Anthony J. Enea, Esq.
    |
    Jun 1, 2019

    Earlier this year Customs and Border Protection officers in Nogales, Arizona seized 254 pounds of fentanyl that was hidden in the floor compartment of a truck transporting cucumbers. Fentanyl is a deadly opioid (in powder form) that is often masked and /or mixed with heroin. It is responsible for thousands of deaths in the United States. A quarter milligram of the drug (the equivalent of several grains of rice) has the potential to kill a person quickly.

  • NYS Residency Case: Was His Weekend Home His Domicile?

    By:
    Brian Gordon, CPA
    |
    May 1, 2019

    This is an analysis of a case involving petitioner Thomas McManus, which was decided by Winifred M. Maloney, Administrative Law Judge (ALJ) on February 7, 2019. See McManus Case. Petitioner represented himself at the hearing. This is a residency case involving the issue of domicile for the year 2009.  

 
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