Kathleen M. Quinn
Subscribe to Kathleen M. Quinn's PostsKathleen Quinn focuses her practice on state and local tax matters. She represents business and individual taxpayers at all stages of state and local tax controversies, including the audit, administrative, and judicial levels. Kathleen also advises clients on state and local tax planning opportunities and the state and local tax consequences of corporate restructurings and other business transactions. Read Kathleen Quinn's full bio.
Washington Surtax on “Big Banks” Struck Down as Unconstitutional
By Kathleen M. Quinn, Stephen P. Kranz and McDermott Will & Emery on May 18, 2020
Posted In Local Tax, Maryland, Oregon, Washington
On May 8, Washington’s 1.2% surtax on “specified financial institutions” (banks with at least $1 billion a year in net revenue) was struck down by a King County Superior Court judge. Judge Marshall Ferguson ruled that the tax, which is imposed on top of all other taxes, violates the Commerce Clause of the US Constitution...
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The Nexus Implications of Teleworking
By Elle Kaiser, Kathleen M. Quinn and McDermott Will & Emery on Apr 2, 2020
Posted In Income Tax, Mississippi, Nationwide Importance, New Jersey, Nexus, Tax Base
Over the past several weeks, state and local governments have issued a slew of “stay-in-place” or “shelter-in-place” orders mandating the closure of all “nonessential businesses” and requiring all persons to self-isolate. For most companies, this means that most, if not all, of their employees are required to work remotely. While telework has become a great...
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CARES Act Could Result in Taxation of More GILTI in New Jersey
By Kathleen M. Quinn and McDermott Will & Emery on Mar 30, 2020
Posted In Federal Tax, Income Tax, Nationwide Importance, New Jersey, Tax Base
The federal stimulus bill (the CARES Act), HR 748, which was signed into law by President Trump on March 27, includes certain corporate income tax provisions designed to provide relief to corporate taxpayers. One such provision–the net operating loss (NOL) provision that allows taxpayers to carryback NOLs to prior years–could have unintended consequences at the...
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Cities Providing Local Tax Relief Efforts for Small Businesses Impacted by COVID-19
By Elle Kaiser and Kathleen M. Quinn on Mar 20, 2020
Posted In California, Income Tax, Local Tax, Nationwide Importance, New York, Sales Tax
From coast to coast, both state and local tax authorities are rapidly responding to the Coronavirus (COVID-19). And while many of the relief efforts are appropriately aimed at supporting individuals who have been impacted by COVID-19, recent pronouncements from local leaders demonstrate that cities are also eager to implement measures supporting small businesses within their...
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BREAKING NEWS: Nebraska Bill Clarifies GILTI and Repatriation Are Deductible
By Kathleen M. Quinn and Stephen P. Kranz on Jan 23, 2020
Posted In Federal Tax, Income Tax, Nebraska, Tax Base
Most states have historically not subjected foreign-source income to state income tax. Consequently, since the passage of TCJA, the vast majority of states have opted not to tax GILTI (with most states explicitly decoupling from GILTI or excluding at least 95% of GILTI from the state tax base) or repatriation income (only five states have...
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BREAKING NEWS: New Jersey Is GILTI, Again!
By Kathleen M. Quinn and Stephen P. Kranz on Aug 23, 2019
Posted In Federal Tax, Income Tax, New Jersey, Tax Base
Taxpayers may have celebrated too soon when the New Jersey Division of Taxation announced that it was withdrawing TB-85 and the GDP-based apportionment regime for global intangible low-taxed income (GILTI) and foreign-derived intangible income (FDII) in favor of a more fair apportionment regime. Read our first post on T8-85 here. Yesterday, the Division issued a...
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BREAKING NEWS: New Jersey Is Not GILTI! The Division Withdraws TB-85
By Kathleen M. Quinn and Stephen P. Kranz on Aug 20, 2019
Posted In Federal Tax, Income Tax, Tax Base
Many New Jersey taxpayers have a reason to celebrate today as the Division of Taxation withdrew Technical Bulletin-85, providing for a special apportionment regime for global intangible low-taxed income (GILTI) and income used to compute the foreign-derived intangible income (FDII) deduction that many felt was unfair and potentially unconstitutional. In December 2018, the New Jersey...
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BREAKING NEWS: More States Opt Not to Tax GILTI
By Kathleen M. Quinn and Stephen P. Kranz on Jun 27, 2019
Posted In Florida, Income Tax, New York, Oregon, Tax Base
This has been an eventful and exciting week for those interested in the states’ taxation of global intangible low-taxed income (GILTI). On Monday, taxpayers received the good news that New York Governor Cuomo signed S. 6615—a bill that excludes 95% of GILTI from the New York State corporate income tax base. By passing this bill,...
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Tennessee Joins Other States in Excluding GILTI and 965 Income from the Tax Base
By Kathleen M. Quinn and Stephen P. Kranz on May 15, 2019
Posted In Constitutional Issues, Income Tax, Tax Base, Tennessee
On May 8, Governor Bill Lee (R) signed SB 558, which provides for the exclusion of 95% of Global Intangible Low-Taxed Income (GILTI) and foreign earnings deemed repatriated under IRC section 965 (965 Income) from the tax base for tax years beginning on or after January 1, 2018. By enacting this bill, Tennessee joins about...
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McDermott Defeats New York False Claims Act Case Alleging Starbucks Failed to Collect and Remit Sales Tax
By McDermott Will & Emery, Joseph B. Evans, Kathleen M. Quinn, Stephen P. Kranz and Todd Harrison on May 31, 2018
Posted In Audits, False Claims Act, Nationwide Importance, New York, Sales Tax, Transaction Taxes
On April 9, 2018, the New York State Supreme Court granted Starbucks’ motion to dismiss claims that it had failed to collect more than $10 million of sales tax at its New York stores. Lawyers from McDermott’s State and Local Tax (SALT) group and its White Collar and Securities Defense team handled the matter. A...
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