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Multistate Tax  |  January 6, 2023
State Tax Matters
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Sales/Use/Indirect:
Ohio: New Law Permits Bad Debt Deductions for Certain Private Label Credit Card Transactions

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H.B. 223, signed by gov. 12/22/22. New law expands Ohio’s current sales tax “bad debt” deduction by allowing vendors to deduct bad debts on certain third-party accounts affiliated with the vendor even though the debt is charged off on the books of the third-party and not the vendor – specifically by allowing vendors to take a deduction for bad debts on “private label credit accounts” used to make purchases from the vendor or the vendor’s affiliates, even though the debt is charged off as uncollectible on the books of the owner of the credit account (i.e., the “lender”) and not on the vendor’s books. Under the new law, a “private label credit account” means a credit account that carries, refers to, or is branded with the name of a vendor and for which the lender, when establishing the consumer’s credit limit, complied with all applicable Ohio and federal laws that are intended to protect consumers. For a vendor to qualify for this expanded deduction, the private label credit account debt must be deductible by the lender for federal income tax purposes, and the lender must charge off the debt as uncollectible on or after July 1, 2023. Please contact us with any questions.

 

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John Hirz (Cleveland)

Senior Manager

Deloitte Tax LLP

Dave Adler (Columbus)

Managing Director

Deloitte Tax LLP



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In this issue

Maryland Supreme Court Says Agency Deference Means Comptroller’s Interpretation, Not Tax Court’s


Colorado Governor Issues Proclamation on Voter-Approved Income Tax Rate Reduction Iowa DOR Proposes Rules on New Composite Return Requirements on Behalf of Nonresident Members Iowa DOR Says Parent’s Gain from Sale of Q-Sub Stock May be Excluded from Q-Sub’s Income Kansas DOR Issues Guidance on New Elective Entity-Level Taxation for Pass-through Entities Louisiana DOR Adopts Changes to Rule on Elective Pass-through Entity-Level Income Tax Louisiana: Emergency Rule Reflects Personal Income Tax Exemption for Some Qualifying Digital Nomads Massachusetts DOR Addresses New Entity-Level Taxation for Some PTEs Michigan Department of Treasury Explains Imposition of City Income Tax on Telecommuters Minnesota Tax Court Holds Gain Involving Goodwill is Business Income Based on Unitary Principles Missouri DOR Issues Emergency Rule to Implement New Optional PTE-Level Tax New Jersey: New Law Addresses Federal Partnership Audit Adjustments, S Corp Elections, and SOL North Carolina DOR Summarizes Law Changes on Net Worth Calculation, Intercompany Loans, and NOLs Ohio Appellate Court Affirms Dismissal of Local Tax Suit Involving Pandemic-Based Telecommuting Oregon DOR Amends Rule to Clarify Process for Calculating Capital Loss Deduction Oregon DOR Adopts Administrative Rules on New Elective Pass-Through Entity Level Tax Pennsylvania Commonwealth Court Reverses Ruling on Invalid NOL Cap and Remedy to Hold Refunds are Due Rhode Island Division of Taxation Warns Against Offsetting Bonus Depreciation Addback with Passive Losses


Washington DOR Addresses Potential Refunds for Use of Proportional Attribution in Calculating Receipts Factor


Florida DOR Ruling Addresses Whether Online Marketplace Constitutes a Marketplace Provider Florida DOR Ruling Addresses Taxation of Certain Online Learning Services Kentucky Supreme Court Overturns Appellate Court to Hold that Manufacturer Purchased Exempt Supplies Massachusetts Supreme Judicial Court Affirms that DOR Cannot Enforce Wayfair Retroactively North Carolina Supreme Court Reverses Lower Court to Uphold Constitutionality of Tax Imposition Ohio: New Law Permits Bad Debt Deductions for Certain Private Label Credit Card Transactions


Delaware: Invitations for 2023 Unclaimed Property Voluntary Disclosure Agreement Coming Soon


Maryland Supreme Court Asked to Review Case Invalidating Gross Receipts Tax on Digital Ad Services


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