Stephen P. Kranz
Subscribe to Stephen P. Kranz's PostsStephen (Steve) P. Kranz is a tax lawyer who solves tax problems differently. Over the course of his extensive career, Steve has acquired specific skills and developed a unique approach that helps clients develop and implement holistic solutions to all varieties of tax problems. He combines strategic thinking with effective skills for the courtroom, the statehouse and the conference room. Read Stephen Kranz's full bio.
MTC Marketplace Seller Voluntary Disclosure Initiative Underway
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Aug 18, 2017
Posted In District of Columbia, Incentives, Income Tax, Interest and Penalties, Massachusetts, Minnesota, Missouri, Nationwide Importance, Nexus, North Carolina, Sales Tax, Tennessee, Transaction Taxes
Yesterday, the application period opened for the limited-time MTC Marketplace Seller Voluntary Disclosure Initiative opened and it will close October 17, 2017. Since our last blog post on the topic detailing the initiatives terms, benefits and application procedure, six additional states (listed below) have signed on to participate in varying capacities. The lookback period being...
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Delaware (Re)Proposes Unclaimed Property Reporting and Examination Manual Regulation
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Aug 16, 2017
Posted In Audits, Delaware, Interest and Penalties, Unclaimed Property
On August 1, the Delaware Department of Finance (DOF) published a revised version of its proposed reporting and examination manual regulation addressing audit procedures and method of estimation. See 21 DE Reg 123 (Aug. 1, 2017). The revised proposed regulation is substantially similar to the first draft proposed earlier this year, but contains a dozen or...
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Resistance is not Always Futile: New Decision in Ongoing Delaware Unclaimed Property Audit Litigation
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Aug 14, 2017
Posted In Audits, Constitutional Issues, Delaware, New Jersey, Pennsylvania, Unclaimed Property
On August 9, 2017, the US Court of Appeals for the Third Circuit (Third Circuit), overruling the US District Court for the District of Delaware (District Court), allowed a claim by a holder seeking to prevent an unclaimed property audit by Delaware on due process grounds to proceed. See Plains All American Pipeline L.P. v....
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MTC Offers 18 State Marketplace Seller Amnesty Initiative
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Aug 8, 2017
Posted In Incentives, Income Tax, Interest and Penalties, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
The Multistate Tax Commission (MTC) is moving quickly to implement a multistate amnesty program through its current National Nexus Program (NNP) for sellers making sales through marketplaces. The new MTC marketplace seller amnesty program is limited to remote sellers (3P sellers) that have nexus with a state solely as the result of: (1) having inventory...
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House Judiciary Subcommittee to Consider Sensenbrenner Bill Tomorrow
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Jul 24, 2017
Posted In Audits, Constitutional Issues, Income Tax, Local Tax, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
The No Regulation Without Representation Act of 2017 (NRWRA) is scheduled for a hearing before the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law on Tuesday, July 25 at 10:00 am EDT in 2141 Rayburn House Office Building. The bill was introduced by Congressman Jim Sensenbrenner (R-WI) last month with House Judiciary Chairman...
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Connecticut Will Make You Disclose Personal Customer Data!
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Jul 6, 2017
Posted In Connecticut, Constitutional Issues, Nationwide Importance, Nexus, North Carolina, Sales Tax
The Connecticut Department of Revenue Services (DRS) recently issued demand letters to many remote sellers requiring that they either: (a) provide electronic sales records for all individual sales shipped to a Connecticut address over the past three calendar years; or (b) register to collect and remit Connecticut sales and use tax. This action is consistent...
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BREAKING NEWS: Expanded “Physical Presence” Codification Bill Introduced in House
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Jun 13, 2017
Posted In Audits, Constitutional Issues, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
On, June 12, 2017, the No Regulation Without Representation Act of 2017 was introduced by Congressman Jim Sensenbrenner (R-WI) with House Judiciary Chairman Bob Goodlatte (R-VA) as one of seven original co-sponsors. As described in detail below, the scope and applicability of the “physical presence” requirement in the 2017 bill is significantly broader than the...
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Substitute Alert ‒ Delaware Technical Corrections Bill
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Jun 6, 2017
Posted In Audits, Delaware, Interest and Penalties, Unclaimed Property
Last Friday, the Delaware Senate released a substituted version of the bill (Senate Bill 79) introduced last month as a technical corrections bill to Senate Bill 13—the unclaimed property rewrite legislation enacted earlier this year. The Senate substitute differs from the introduced version of Senate Bill 79 as follows: It does not strike § 1147(a)—the provision...
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Illinois UP Bill Would Retroactively Require Reporting of Gift Cards and B2B Transactions
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Apr 25, 2017
Posted In Constitutional Issues, Illinois, Nationwide Importance, Unclaimed Property
Earlier this year, an unclaimed property rewrite bill (HB 2603) was introduced in the Illinois House that would require holders to retroactively report a number of property types currently exempt. The provision would require a retroactive period of 10 report years. Items that are currently exempt that would become reportable include gift cards and property...
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DC Council Introduces False Claims Expansion – Taxpayers Beware!
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Apr 24, 2017
Posted In District of Columbia, False Claims Act, Michigan, Nationwide Importance, Procedure
Last month, a bill (The False Claims Amendment Act of 2017, B22-0166) was introduced by District of Columbia Councilmember Mary Cheh that would allow tax-related false claims against large taxpayers. Co-sponsors of the bill include Chairman Jack Evans and Councilmember Anita Bonds. Specifically, the bill would amend the existing false claims statute to expressly authorize...
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