Monthly Archives: September 2017

ILN Today Post

South Dakota: State Supreme Court hears oral arguments in nexus lawsuit

In the ongoing legal saga between internet retailers Wayfair, Overstock.Com, and Newegg, and South Dakota, the Supreme Court of South Dakota heard oral arguments last week on the familiar question of how much leeway states have to impose sales and use taxes on out of state internet retailers who arguably have no physical presence in the taxing jurisdiction.

South Dakota asserts that the main issue presented is whether precedent prevents “South Dakota from imposing an otherwise valid sales tax collection on retailers who lack a ‘physical presence’ within the state.” In addition, the State also presented a second issue on the court, “whether the United States Supreme Court should reconsider its decision in [the 1992 case] Quill Corp. v. North Dakota…” Quill prohibits states from imposing sales and use tax obligations on remote retailers in the absence of a physical presence in the taxing state, pursuant to the dormant commerce clause.

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ILN Today Post

South Carolina: DIRECTV denied request for $8.5M refund

In an opinion issued on Aug. 30, 2017, the South Carolina Court of Appeals affirmed the Administrative Law Court’s (ALC) denial of DIRECTV and its subsidiaries’ (DIRECTV) claims for an $8.5 million refund. The amount is the sum of $6,646,168 in tax and license fees; $653,425 in interest; and $1,246,155.75 in penalties relating to the companies’ 2009, 2010, and 2011 income tax returns. The case turned on the scope of DIRECTV’s income producing activities in South Carolina, namely the delivery of the signal, from which subscribers receive national and local programming, into South Carolina homes and businesses and onto customers’ television sets.

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New York Paid Family Leave Regulations Finalized

Our colleagues , at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “New York Paid Family Leave Regulations Finalized: How Do They Compare to Prior Versions?

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ILN Today Post

Illinois: Gov. Rauner signs new school funding formula into law

On Aug. 31, 2017, Gov. Bruce Rauner issued a press release announcing his signature on “historic school funding legislation that puts children first and makes lasting changes that will help generations of children to come.” Characterized as “compromise legislation,” the legislation, SB 1947keeps the lights on in the public schools in the wake of the two-year standoff that ended when the governor signed a new budget into law in early July. SB 1947 also establishes a tax credit scholarship program, designed to give poor families access to private schools.

Lawmakers have been feuding with each other and the governor over school funding for quite some time. In early August, the governor issued an amendatory veto, pursuant to which the governor returns legislation to the general assembly with specific recommendations for change. When they receive an amendatory veto, lawmakers can either do nothing (allowing the bill to die), override the veto, or accept the governor’s proposed changes.

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Massachusetts Recreational Marijuana Regulatory Scheme Takes Shape; Newly Appointed Cannabis Control Commission Begins Work

In accordance with provisions of the comprehensive recreational marijuana legislation signed by Governor Baker in late July referred to as “an Act to Ensure Safe Access to Marijuana” (the Act), the Chairman and four other individual members of the new Cannabis Control Commission (CCC) that will broadly regulate both medical and recreational marijuana in the Commonwealth were appointed in early September 2017.

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Key Action Items for Protecting Data

Data security measures are critical for all businesses to implement, but pose challenges for small businesses and entrepreneurs in particular. These data security threats are multiplying, as recently highlighted by the worldwide spread of the “WannaCry” and “Petya” ransomware viruses, but small businesses often lack the resources to retain specialized staff dedicated to implementing top-line protective measures.

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Fintechs set to ride wave of regulatory assistance

Good news for fintech start-ups as Australia’s corporate regulators adopt a number of initiatives to help entry level players gain a meaningful foothold in the industry.

Hall & Wilcox recently attended an Innovation Hub event organised by ASIC where regulators such as the RBA, APRA, AUSTRAC and OIAC provided an update on various initiatives they are undertaking to assist start-ups in the fintech (and to some extent, the regtech) space to navigate the regulatory landscape.

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The order for the formation of VED prices was clarified to wholesale and retail organizations on general tax system

The Russian Federal Antimonopoly Service (FAS Russia) clarified the order for the vital and essential drugs’ (VED) prices assessment for VAT payers in its letter No. АК/46404/17 dated 07.07.2017 “On consideration of application letter”.

Statutory rules of VED selling do not consider that the medical drugs’ sellers apply different tax systems: general and simplified.

As a result, the wholesale organizations on general tax system charge VAT directly on retail price (over wholesale bidding), which influences on the final drugs price.

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New York Paid Family Leave Regulations Finalized: How Do They Compare to Prior Versions?

On July 19, 2017, the New York State Workers’ Compensation Board (“WCB” or the “Board”) issued its final regulations (“Final Regulations”) for the New York State Paid Family Leave Benefits Law (“PFLBL” or the “Law”). The WCB first published regulations to the PFLBL in February 2017, and then updated those regulations in May (collectively, the “Prior Regulations”).

While the Final Regulations did clarify some outstanding questions, many questions remain, particularly pertaining to the practical logistics of implementing the Law, such as the tax treatment of deductions and benefits, paystub requirements, certain differences between requirements that pertain to self-funding employers and those employers intending to obtain an insurance policy, and what forms and procedures will apply.

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Charles E. Flam recognized by the Bar for his 50-year career

September 8, 2017 — In the course of the Journée du Barreau 2017, the Bar of Montréal paid tribute to the lawyers called to the Bar for 50 years. Charles E. Flam, Managing Partner and CEO of our firm, was one of the distinguished members thus recognized. The Bâtonnier of Montreal noted that the honour and esteem which Me Flam enjoys in the community reflect upon all the Bar.

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