SALT TALK: Terminating Your NYC Domicile and Establishing a NYS Only Domicile

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on May 19, 2020 12:31:48 PM

As my readers know, domicile is generally defined as the place that you intend to be your permanent home – the place to which you return whenever absent. For those who want to change from a New York City to a New York State domicile, NY law requires that you prove by clear and convincing evidence that you have abandoned your NYC domicile and established a new domicile elsewhere.

Read More


SALT TALK: State Nexus Implications of Telecommuting due to the COVID-19 Pandemic

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Apr 27, 2020 11:40:00 AM

With millions following government-imposed stay at home directives, my colleague Sarah Kim looks at the state tax nexus implications and what guidance is being issued by state taxing authorities.

Read More


SALT TALK: The COVID-19 Pandemic’s Impact on Residency and Taxes (VIDEO)

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Apr 20, 2020 11:44:47 AM

Wayne Berkowitz and colleague Richard Goldstein examine the impact of the COVID-19 crisis on state residency issues and an employer’s state tax obligations.Click here to view the videos.

Read More


SALT TALK: Update on New Jersey Income Tax Extensions

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Apr 6, 2020 11:40:00 AM

For some insights on the Garden State’s plans to postpone the state Individual Gross Income Tax filing and payment deadline and the Corporation Business Tax filing and payment deadline, click here.

Read More


SALT TALK: COVID-19 State Tax Pronouncements – Many and Varied

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Mar 30, 2020 2:52:21 PM

As states continue to scramble to provide tax guidance during the COVID-19 crisis, decisions are coming in fast. Here is a roundup for the tri-state area and around the nation which we will continue to revise as the updates are released.

Read More


SALT TALK: NYS Guidance Clarifies Penalty and Interest Relief for Late Payment of Sales Tax Due March 20th

Posted by Richard Goldstein, J.D. on Mar 23, 2020 4:22:05 PM

The New York State Department of Taxation & Finance has issued guidance clarifying penalty and interest relief for late payment of sales tax due on March 20. Certain taxpayers are not eligible for relief, including the following:

  • Sales Tax Vendors who are required to file returns on a monthly basis, and
  • Participants in the Promptax program for sales and use tax or prepaid sales tax on fuel.

Additionally, relief is not automatic and will be granted on a case by case basis. The Governor issued an executive order expanding the Tax Commissioner’s authority to abate late filing and payment penalties to also allow the Commissioner to abate interest on quarterly sales and use tax filings and remittances with a due date of March 20, 2020 for those who were unable to timely file and pay as result of the COVID-19 virus, such as:

Read More


SALT TALK: Governor Cuomo’s Press Conference Leads to More Questions regarding NYS Tax Deadline

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Mar 20, 2020 3:15:45 PM

During Governor Andrew Cuomo’s press conference today, in response to a question from a reporter regarding whether New York State was going to have a new tax deadline, the Governor responded, “The new deadline is the federal deadline.”

The Governor immediately handed off to the State Budget Director Robert Mujica, who confirmed that since the New York deadline is tied to the federal deadline, New York’s deadlines will be extended as well.

When asked about the sales tax deadline, Mr. Mujica responded that “we are going to forgive interest and penalties related to the sales tax.” When asked if the sales tax deadline was being pushed back, Mr. Mujica responded “the deadline stays the same. But there is no interest or penalties for those who can’t pay.” The Budget Director’s comments expressly addressed sales tax. His statement also appeared to cover business and personal income taxes, but we await official clarification on this. 

Read More


SALT TALK: Is Wayfair a Pandemic?

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Mar 9, 2020 11:40:00 AM

Riding the commuter rails this morning, it certainly felt like one of those holiday Mondays where everyone else has the day off and you still head to work. After taking a quick mental inventory of holidays past and future, I realized this was just any other day. Or so I thought.

Did I hear NYC’s very own Mayor de Blasio tell me to walk to work and not take the subway if this was in fact an option. I was sure to heed his advice and take the twenty-minute walk from Penn Station to my office. Although riding the LIRR, it appears others took it one step further and didn’t travel to work at all.

According to CNN, which today began calling the coronavirus outbreak a pandemic, the criteria for what qualifies is not universally defined. Apparently even the World Health Organization doesn’t agree on a definition. But turning to Wikipedia, we find that “a pandemic is an epidemic occurring on a scale which crosses international boundaries, usually affecting a large number of people.”

Read More


SALT TALK: Live the Life You Choose

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Mar 2, 2020 3:45:00 PM

Can’t you hear the jingle playing with the singers belting out the lyrics, “Berdon LLP, Accountants and Advisors, call #########.

I expect to hear this retort over and over this week as our new Berdon radio campaign hits the airwaves today. Friends, family, colleagues, acquaintances and others just can’t resist a good-natured tease. My phone will be ringing with old familiar voices looking for a good laugh and maybe even to reconnect.

We are going to be running a rotating series of tax tips focused on planning to help you “live the life you want to lead.” One of these tips will be offered by me and of course will deal with state and local tax, specifically the perils of being found a tax resident of multiple states.

Read More


SALT TALK: Permanent Place of Abode: Taking Ownership

Posted by Wayne K. Berkowitz CPA, J.D., LL.M. on Feb 24, 2020 11:40:00 AM

We have always been told it’s important to take ownership of your work, your actions, and sometimes even the actions of others. However, when it comes to determining whether you have a permanent place of abode (PPA), ownership just doesn’t matter.

Countless times, I have been asked by clients and potential clients whether they should buy, lease, rent, etc. a home, condominium, or cooperative in their own name, their spouse’s name, a relative’s name, in a business entity, or any other permutation. While there may be other important reasons to evaluate this decision, determining whether one has a PPA just isn’t one of them.

Read More


About Berdon Blogs

Our experts examine the latest trends, economics, business conditions and industry issues to provide timely information you need to maximize your tax advantages and meet your financial goals.

SALT TALK: Hear an insider’s perspective on the business issues, legislative updates in state and local tax, and tax aspects behind today’s headlines.

T&E TALK: Gain insights into how changes in tax laws, shifts in the financial markets, and regulatory concerns will impact assets and affect preserving and transferring wealth.

TAX TALK: Get an all-inclusive perspective on regulatory changes, industry issues, and trends from our team of multidisciplinary tax professionals – many of whom also hold J.D. and LL.M degrees.

Subscribe to Berdon Blogs

Recent Posts