Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Why Does It Hurt When I Pay?

By Wayne K. Berkowitz
April 27, 2012

Are all those new partners lining up at your door wondering why they went from having to file personal income tax returns in one state to a multitude of 15, 20, or maybe more? As a firm administrator, you reassure them; don't worry, this won't hurt a bit. Just sign this composite return election and the firm will file a return on your behalf. You tell them that since they live in such a high-tax jurisdiction (more on that later), they will be getting virtually a full credit toward their home state's taxes. Moreover, after you take out all of the other state taxes from their distributions for the year, it really shouldn't end up costing them much more ' or does it?

At times like this you should be thankful if your firm is based in a high-tax-rate state like New York, California, or Massachusetts. Partners in these states are already accustomed to paying high income taxes, and they should be paying more than enough home state taxes to offset the expense of all these other state tax obligations. But what about the partners from your offices in Florida, Texas, Nevada, South Dakota, and other states where there is no personal income tax? They have no resident state tax to credit against the other state tax obligations, so any out-of-state tax translates to an out-of-pocket expense to them. Too often, these partners were not aware of other state tax obligations before they signed their partnership agreements, so you may have a lot of explaining to do. The following information may help.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.