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Lindsay LaCava

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Lindsay M. LaCava is a partner of the Firm’s Tax Practice Group in New York and advises individual and business clients on a full range of state and local tax issues. She was named a “Rising Star” in Tax Law in 2015 by Law360, and was selected by Super Lawyers as a New York-Metro "Rising Star" for Tax in 2013-2015. Prior to joining Baker McKenzie, Ms. LaCava was a partner in the state and local tax group of an international law firm. In addition, she previously worked at a Big Four accounting firm, where her practice focused exclusively on state and local tax. Ms. LaCava speaks on a variety of state tax topics at events around the country and also frequently writes about state and local tax issues.

Baker McKenzie’s VAT/Indirect Tax Practice presented “VAT Around the World Pt. 2” on 2 December 2020. This was the seventh presentation in the International VAT Conference Webinar Series, a global webinar series designed for VAT specialists from all industry sectors that aims to discuss the latest developing trends and hot topics in the VAT/goods and services tax (GST) and customs arena.

New York lawmakers recently introduced two bills to expand the application of the New York State False Claims Act (“FCA”).  The first intends to require the FCA to apply to non-filers, the second to remove the scienter element (i.e., no longer imposing a “knowing” requirement).  Although both bills are retroactive and concerning, removing the scienter element should put all businesses on high alert as enforcement of the tax laws could now be in the hands of opportunistic whistleblowers and/or the New York State Office of the Attorney General (AG).

The Idaho Supreme Court recently affirmed a District Court’s judgment that the gain from the sale of a 78.54% membership interest in a limited liability company did not constitute ‘business income’ under Idaho Code section 63-3027.  In Noell Indus. Inc. v. Idaho State Tax Comm’n, Docket No. 46941 (Idaho 2020), the court determined that “this type of gain does not meet the definition of ‘business income’ under either the transactional test or functional test (including the unitary business test),” and was therefore not apportionable income.

Numerous states have provided tax relief in response to the COVID-19 outbreak, often in the form of tax filing and payment deadline extensions. At this time, 40 states and Washington, D.C., have provided a corporate income tax filing and/or payment deadline extension. Some of these states have conformed to the…

Many employees are now telecommuting due to the COVID-19 outbreak. In our previous blog post,we discussed employers’ potential withholding issues as a result of employees working remotely. In this blog post, we will discuss potential nexus and apportionment issues due to employees working remotely. In the corporate income tax context,…

As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world and restrictions to the mobility of people and goods increase, businesses are facing weakened financial markets, as well as disruption to workplace operations and business pipelines. Tax authorities across the globe have enacted amendments in order to cope…