Thursday, March 12, 2020

Arizona v. California


Arizona v. California


      California and the California Franchise Tax Board apply an exceptionally broad definition to what constitutes “doing business” in California, with the effect that more and more out-of-state companies and individuals are obligated to file California tax returns and of course pay taxes to Sacramento. A particular application of this rule is that companies organized outside of California that are themselves members of California LLCs are required to qualify to transact business in California

      In March, 2019, the State of Arizona filed a lawsuit in the United States Supreme Court pursuant to the “original jurisdiction” thereof against California, alleging that California practice of so broadly requiring qualification is unconstitutional. On February 24 of this year, the US Supreme Court denied leave to file that complaint; in consequence that lawsuit will not go forward.  Justice Thomas, joined by Justice Alito, filed a dissent from the denial of the motion for leave to file the complaint, asserting, inter alia, that the original jurisdiction of the Supreme Court is mandatory and the Court does not have the discretion to refuse to hear the issue, essentially leaving Arizona with no judicial forum for resolution to its complaint.

       But for now that is what has happened.

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