Category Archives: California

The 2020 State Business Tax Climate Index: The Usual Laggards, but Some New Faces on Top

Posted on October 24, 2019 by Russ

The Tax Foundation released its annual State Business Tax Climate Index. There weren’t many surprises with the best states: 1. Wyoming 2. South Dakota 3. Alaska 4. Florida 5. Montana 6. New Hampshire 7. Nevada 8. Oregon 9. Utah 10. … Continue reading →

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Jolly Good News on the Swart Front

Posted on September 10, 2019 by Russ

Let’s say you’re the managing member of an LLC headquartered in Seattle (duly registered as an LLC in Washington State). You invest in another LLC (a Delaware LLC) that invests in property throughout the United States. You own between one … Continue reading →

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The Check Is in the Mail, Really!

Posted on July 14, 2019 by Russ

One of the more interesting aspects of being a tax professional is the reliance on the mail, the Post Office. When you timely mail a tax return, it’s considered filed on the date of mailing. There are, as always, some … Continue reading →

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Arizona v. California Update

Posted on June 24, 2019 by Russ

The State of Arizona has asked the US Supreme Court to stop California’s illegal (in Arizona’s view) scheme of requiring indirect passive owners of LLCs who happen to own other LLCs that invest in California from paying California’s minimum $800 … Continue reading →

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IRS To New York, New Jersey, and California: We Weren’t Kidding

Posted on June 11, 2019 by Russ

Today the IRS issued rules and guidance on charitable contributions as a workaround to the new limits on state and local taxes. Unsurprisingly, the IRS said exactly what I thought they would: both substance over form and quid pro quo … Continue reading →

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Arizona vs. California Franchise Tax Board

Posted on June 10, 2019 by Russ

Legal authorities in the Grand Canyon State are not amused by California’s view that indirect interests in California LLCs mean that the entities are doing business in California. And they’re mad enough to take action, asking leave to sue California … Continue reading →

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Derailed

Posted on May 17, 2019 by Russ

California’s “Train to Nowhere,” the alleged high-speed rail that would link San Francisco and Los Angeles (originally), and, now, the thriving metropolises of Shafter (just north of Bakersfield) and Merced is in deep trouble. Well, it has been in deep … Continue reading →

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Bozo Tax Tip #2: We Don’t Need No Stinkin’ Employees (Especially Because We’re Lawyers)

Posted on April 11, 2019 by Russ

A few years ago, I first heard about the law firm that had no employees. Now, I can imagine a small firm of, say, three or four partners, with no clerical staff as a possibility. However, having dealt with enough … Continue reading →

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Bozo Tax Tip #9: Nevada Corporations

Posted on April 2, 2019 by Russ

Actually, this isn’t that much of a Bozo Tax Tip. Nevada is a great state to have your business in. But the key is being in Nevada (or operating in multiple states and selecting Nevada as your corporate domicile). You … Continue reading →

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Can a California or Massachusetts Professional Gambler Take a Business Loss on His or Her State Tax Return?

Posted on March 19, 2019 by Russ

The Tax Cuts and Jobs Act (TCJA) eliminated the ability of a professional gambler to take a loss on his Schedule C based on his business expenses; Congress specifically overrode the Mayo v Commissioner decision. But what about state taxes? … Continue reading →

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