A decision after trial in the case of First American Title Insurance Company v. California Department of Tax and Fee Administration (CDTFA), San Diego County Superior Court Case No. 37-2018-00065184-CU-WM-CTL, may benefit California insurance companies by providing for potential refunds of use taxes paid for leases of equipment or other tangible personal property.Read More
Joe recently attended the Institute for Professionals in Taxation (IPT) Annual Conference in San Antonio, Texas where he made a joint presentation on property tax. He was also honored with the 2019 IPT Distinguished Service Award from the Institute. Most importantly,Read More
As a result of tax measures receiving taxpayer approval in the November 6, 2018, General Election, the sales and use tax rates of two counties, 51 cities, and 2 unincorporated areas have now increased effective April 1, 2019.
San Benito County’s prior rate was 7.250% but has now increased to 8.250%.Read More
In California sales tax is on the retailer making sales of tangible personal property; retailers are allowed to collect “sales tax reimbursement” from their customers. If a retailer pays more tax than is due, it may file a claim for refund with the California Department of Tax and Fee Administration (“CDTFA”) (the successor agency which recently inherited the sales and use tax responsibilities of the California State Board of Equalization (“Board”)).Read More
Property tax cases decided last year include Land Partners, LLC v. County of Orange (2018) 19 Cal.App. 5th 741, which provides insight for taxpayers seeking to obtain an award of attorney fees against the County Assessor in a refund action;Read More
There were a few sales and use tax cases decided last year that are notable. The primary case is the United States Supreme Court’s landmark decision in South Dakota v. Wayfair, Inc. (2018) 138 S.Ct. 2080, which overturned the longstanding physical presence rule necessary to require an out-of-state retailer to collect use tax on sales made into a state.Read More
On Monday, November 5, 2018, the Office of Tax Appeals (OTA) denied the California Department of Tax & Fee Administration (CDTFA) request for rehearing in the case of Claimant First American Title Insurance Company, a client of the State &Read More