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State and Local Tax
State and Local Tax
Attorneys in Taft’s State & Local Tax group provide a wide range of services with respect to state and local income tax, commercial activities (gross receipts) tax, franchise tax, sales and use tax, personal property tax and real property tax, among others. We provide advice concerning compliance, nexus issues, structuring transactions, representation in connection with audits and assessments, including litigation, abatement, and exemption applications, tax incentive programs and a myriad of other tax matters.
Personal Income Tax
Our attorneys provide advice and audit representation regarding determination of state taxable income, state of residency, filing requirements in states of non-residency, availability of credits, applicability of municipal income and license taxes and related matters. We assist business executives, business owners, athletes and entertainers and virtually any individual, estate or trust subject to tax.
Business Income Taxes and Gross Receipts
We advise businesses on determination of taxable receipts and income, issues involving nexus with other states, allocation and apportionment of receipts and income, employee withholding and payroll tax issues. We also have expertise with respect to taxes on specialized industries such as insurance and banking. Included within this group are taxes on pass-through entities and their owners.
Sales and Use Taxes
We counsel our clients on the applicability of these taxes to both their sales and purchases, availability of exemptions and procedures to follow for claiming exemptions. We provide counsel on a regular basis concerning nexus issues and responsibility for charging and collecting tax in other states.
Real Property and Personal Property Tax
We offer experienced legal representation with respect to real property and personal property taxes, including matters involving the proper determination of value of machinery, equipment and real estate, the rates of tax applicable and claims for abatement or exemption from tax. While Ohio has repealed its personal property tax for general businesses, personal property used or leased to a public utility or used to produce electricity for sale to others is still subject to taxation in Ohio.
Tax and Economic Incentives
Our attorneys guide businesses through the available tax credits, tax abatements, special financing and other arrangements that governmental authorities make available to businesses. If a business plans to expand either at its current site or elsewhere, we will make certain that it learns about and applies for all available benefits in a timely manner.
Tax Dispute Resolution
We have a wealth of experience in handling tax disputes from the audit level through state supreme courts. Our goal is to resolve matters satisfactorily at the audit or administrative appeal levels; however, not all disputes can be resolved short of litigation. We are experienced in trying cases in state courts and before boards of tax appeal and in handling appeals in higher courts when the situation calls for it. We have successfully handled numerous such cases involving all types of state and local taxes.
Related Practices
Notable Matters
- Represented a real estate developer in structuring and obtaining a New Market Tax Credit loan and related financing from a consortium of bank lenders and government authorities for an inner city development of a multimillion dollar commercial redevelopment project that transformed an abandoned site into an open air retail center.
- Represented a developer in structuring and coordinating financing from a combination of government grants and public and private loans, including NMTC loans from two CDEs, all in connection with the redevelopment of a former inner city manufacturing site into an industrial park.
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