Meet the Co-chairs - TAGLAW
Williams Mullen (VA)
Meet the Co-chairs - TIAG
Mercer & Hole
Cohen & Company (Ohio)
Fineman West & Co. LLP
This Legal Update is Part Two in our three-part series: Navigating the Post-Wayfair World, a series geared toward helping businesses navigate the changing sales and use tax landscape. In Part One, we discussed how states have responded to the Supreme Court's landmark tax decision, South Dakota v. Wayfair, Inc. We emphasized that states have not followed a uniform approach in implementing economic nexus rules, and highlighted key variations across state lines. Here, we take a closer look at Wisconsin's response to the Wayfair decision.
It has been six months since the United States Supreme Court issued its landmark decision in South Dakota v. Wayfair, Inc. We wrote about the Supreme Court’s decision here. As predicted, the Court’s decision has fundamentally changed the sales and use tax landscape. Since June 2018, over 30 states have enacted legislation or issued interpretive guidance adopting new economic nexus laws in light of the Court’s decision. This rapid development has been complicated by a lack of uniformity across state lines; leaving businesses to grapple with a patchwork of new standards and thresholds.
In August 2018, the U.S. Department of the Treasury issued final Regulations concerning the qualifications, designation, authority, and resignation of the required Partnership Representative under the new Centralized Partnership Audit Regime. The rules are effective for tax years beginning after December 31, 2017 and apply to all partnerships and LLCs taxed as partnerships, although certain partnerships and LLCs may elect out of the regime to continue to be audited under the former rules. The option to elect out of the regime is limited to partnerships having 100 or fewer partners with individuals or corporate partners only (any partnership or LLC with a trust or a disregarded entity as a partner/member cannot elect out). Partnerships and LLC’s taxed as partnerships both will be referred to in this letter as “partnerships.”
Authors: Barbara Lawrence and Katy Donlan
At the end of 2017, the most significant federal tax legislation to take effect in over three decades was enacted. Federal guidance issued over the past year regarding that legislation and favorable state tax law changes have converged to make 2019 one of the most favorable wealth transfer tax planning environments on record.
In general, individuals who spend less than 183 days during the calendar year in Spain are considered Spanish Tax non-residents. Non-resident taxpayers in Spain are taxed on their income and assets from Spanish source only.
Therefore, Spanish Tax non-residents who own a property in Spain are subject to taxation and will have to file a tax return depending on the type of income obtained.
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