United States: Tax Authorities

A New York Court of Claims judge has ordered substantial revisions to how New York City administers its Pied-à-Terre tax surcharge, canceling previously issued notices and shifting the burden of proof to the Department of Finance. The ruling requires individualized determinations before notices can be sent and eliminates the controversial exemption application process that had confused thousands of property owners. While the decision doesn't strike down the PAT law itself, it fundamentally restructures

The US Treasury and IRS have issued new guidance targeting ETF tax strategies, including the controversial '351 conversion transaction' that allows investors to defer taxation on appreciated securities. Revenue Ruling 2026-20 and Notice 2026-62 identify multiple strategies as potentially abusive, signaling increased scrutiny of tax deferral mechanisms used by exchange-traded funds and investment partnerships.

Host Nikki Dobay welcomes Greenberg Traurig colleague Madeline Orlando back on the GeTtin' SALTy podcast to discuss the latest litigation over state packaging extended producer responsibility (EPR) laws.

With tax season underway, a critical change to USPS postmarking procedures could put taxpayers at risk of unintended late filings. As of December 24, 2025, mail is now postmarked based on when it's processed at a postal facility rather than when it's dropped off, potentially creating discrepancies between actual mailing dates and official postmarks. This shift has significant implications for anyone relying on postmark dates as proof of timely filing for federal and state tax returns.

The Illinois Department of Revenue has released draft proposed regulations implementing the Illinois Digital Asset Tax Act, a first-in-the-nation tax on certain digital asset transactions that takes effect January 1, 2027, at a rate of 0.2 percent of the value of the digital asset involved in the transaction.

The City of New Orleans is offering businesses a limited-time opportunity to resolve overdue sales tax obligations through its Sales Tax Amnesty Program, running from October 1 through December 31, 2026. The program extends significant financial relief by waiving all penalties, negligence fees, and half of the interest charges on delinquent balances for eligible taxpayers who settle their outstanding tax liabilities during this window.

The landscape surrounding Section 280E of the Internal Revenue Code continues to evolve with President Trump's Executive Order on medical marijuana rescheduling, advancing litigation in New Mexico Top Organics v. Commissioner, and shifting regulatory signals. Cannabis taxpayers face critical decisions about taking "non-280E" positions on their tax returns while the IRS maintains its enforcement stance and the U.S. Tax Court case addressing common arguments remains pending.

On Sept. 10, 2026, the California Department of Tax and Fee Administration (CDTFA) held its second Interested Parties Meeting to discuss proposed emergency regulations implementing state Senate Bill 122...

The IRS has intensified scrutiny of partnership basis-shifting transactions that manipulate inside and outside basis rules to generate tax savings. While recent regulations were withdrawn under the Trump Administration, the agency maintains its position through Rev. Rul. 2024-14, which identifies three transaction types that fail the economic substance doctrine.