Scott M. Susko

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Scott M. Susko counsels clients on all aspects of state and local tax matters. He represents individuals and businesses throughout the country at every stage of state and local tax controversies, including audit defense, administrative appeals and litigation. Scott also assists clients through changes in their business that can affect their tax posture, such as entry into new geographic or product markets, merger and acquisition activity, or state legislative developments. Read Scott M. Susko's full bio.

Massachusetts’ First Really Good Amnesty Program Since 2002

By and on May 5, 2016
Posted In Audits, Interest and Penalties, Massachusetts, Procedure

The Massachusetts Department of Revenue (Department) is widely promoting a new amnesty program with significant taxpayer benefits.  Our experience with Massachusetts amnesty suggests that this is the broadest program offered by the Department since 2002. Individual and business taxpayers may participate in the program for taxes due on or before December 31, 2015. To participate...

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New Jersey Issues Guidance on BEIP Grant Conversion

By on Apr 28, 2016
Posted In Incentives, Income Tax, New Jersey, Procedure

This month the New Jersey Economic Development Authority (the Authority) provided businesses with guidance, in the form of Frequently Asked Questions, on how to elect to have their unpaid Business Employment Incentive Program (the Program or BEIP) grants converted into tax credits pursuant to N.J. Rev. Stat. § 34:1B-129. Under the Program, New Jersey awarded...

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Massachusetts Court Holds Department of Revenue’s Guidance to Be Unreasonable

By and on Apr 22, 2016
Posted In Incentives, Income Tax, Massachusetts, Procedure

Northeastern University, the Trustees of Boston University, Wellesley College and 131 Willow Avenue, LLC prevailed in their appeal of the Massachusetts Department of Revenue’s (the Department) rejection of their Brownfields tax credit applications in Massachusetts Superior Court. 131 Willow Avenue, LLC v. Comm’r of Revenue, 2015 WL 6447310 (2015). The taxpayers argued, and the court...

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Massachusetts Department of Revenue Introduces Pilot Voluntary Disclosure Program

By and on Feb 8, 2016
Posted In Audits, Income Tax, Local Tax, Massachusetts, Procedure, Sales Tax

The Massachusetts Department of Revenue (the Department) released a draft administrative procedure introducing a pilot Voluntary Disclosure Program (the Program) for the settlement of uncertain tax issues for business taxpayers on January 19. The Department introduced this Program in response to a suggestion made by Scott Susko, an author of this article, and another practitioner,...

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Connecticut Limits New Tax Haven Law

By , and on Jan 13, 2016
Posted In Connecticut, Income Tax, Tax Base

In June of 2015, Connecticut passed legislation that implements combined reporting for tax years beginning on, or after January 1, 2016. Part of the new regime, which is codified by Conn. Gen. Stat. P.A. 15-5, § 144 (2015), requires water’s-edge combined groups to include entities incorporated in tax havens in the combined group. Just before...

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Should Companies Adjust Their Incentive Strategies in Light of New Governmental Accounting Disclosure Requirements?

By and on Aug 28, 2015
Posted In Incentives, Nationwide Importance

Earlier this month, the Governmental Accounting Standards Board (GASB) approved Statement No. 77, Tax Abatement Disclosures, which requires state and local governments to report on foregone revenue from tax abatement agreements. This will significantly increase scrutiny of negotiated tax incentives, particularly at the local level. Businesses need to consider how this may change their local...

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Seeing Green: New York’s Reformed Brownfields Cleanup Program Creates Opportunities for Redevelopment to Generate Refundable Tax Credits

By on Jul 21, 2015
Posted In Incentives, Income Tax, New York

Now is the time to begin brownfield redevelopment projects in the State of New York. Reauthorization of and reforms to New York’s Brownfields Cleanup Program, which provides tax credits to redevelop contaminated properties, came into effect on July 1, 2015. The program has been reauthorized until 2026, giving businesses and developers a chance to remediate...

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Massachusetts DOR May Lose Staff This Summer

By and on May 26, 2015
Posted In Audits, Massachusetts, Procedure

The Massachusetts Department of Revenue (DOR) likely will have significantly less employees starting July 1, 2015, due to a Massachusetts employee retirement incentive program.  Governor Charlie Baker recently signed legislation establishing the program on May 4, 2015 (see 2015 Mass. Acts Chapter 19, An Act Relative to State Personnel).  With more than half of DOR’s...

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Illinois Circuit Court Dismisses Challenge to Retained Job EDGE Credits

By on May 20, 2015
Posted In Illinois, Incentives, Income Tax

Corporations with Illinois Economic Development for a Growing Economy (EDGE) credit agreements giving credit for retained jobs can breathe a sigh of relief: The litigation challenging the state’s ability to grant EDGE credits for retained jobs has been dismissed by an Illinois Circuit Court. Illinois EDGE credits are discretionary income tax credits awarded by the...

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A Year’s Review of Massachusetts Tax Cases

By and on May 14, 2015
Posted In Allocation/Apportionment, Constitutional Issues, Massachusetts, Nexus, Procedure

Allied Domecq Spirits & Wines USA, Inc. v. Comm’r of Revenue, 85 Mass. App. Ct. 1125 (2014) In a unique case, the Massachusetts Appeals Court affirmed a ruling of the Appellate Tax Board (ATB) that two corporations could not be combined for corporation excise tax purposes for 1996 through 2004. The distinctive aspect of this...

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