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Mockensturm, Ltd. Legal Blog

The prospect of a tax audit

Tax audit. You only have to say the words to feel some discomfort. Sure, you prepare and pay your taxes every year, but you know you are not a tax expert. You may even hire a CPA or a tax attorney to assist with your tax planning or the preparation of your taxes. But...

Is the CAT out of the bag?

This week, the Ohio Supreme court heard oral arguments in a case that one of the justices suggest will not be decided with their decision. The question involves the Ohio Commercial Activity Tax and the state’s imposition of it on out-of-state retailers. A state’s...

Did you forget something on your income tax filing?

With the income tax filing deadline of April 18 just past, few people probably want to think any further on taxes or their liability for their payment. At least, not for a few months. Unless you have to pay quarterly taxes or estimated taxes, most who file need not...

Ohio farmers struggle with high taxes

Farming in Ohio has plenty of challenges. There is always the weather, where springtime flooding, a broiling summer drought or a late-season hail storm can leave a framer with little to show for a year’s toil. There are commodity price fluctuations that may be...

Severe penalties await nonpayment of payroll taxes

For a business owner, the payment of taxes is an unpleasant reality. Your business may face many taxes; income tax, property tax, special business taxes and payroll taxes. To many, they are all taxes, but to the Internal Revenue Service, payroll taxes are of special...

Ohio fares poorly on tax list; does it matter?

Americans love lists. The internet especially loves lists. The top ten this, the bottom twenty that, five reasons you should do this, top three mistakes every business makes; no matter the subject, there is a list. Of course, you may not be interested in the top ten...

Are “cookies” the next nexus for tax? Pt.2

In our last post, we were discussing the topic of out of state taxation of a business that has no presence in Ohio. Under traditional conceptions of taxation, such a business would have no nexus with Ohio, other than that some customers were located here, and would...

Are “cookies” the next nexus for tax?

When it comes to taxing an out of state business, the standard test has been whether the retailer has a significant nexus with the state. The easiest way to find this significant nexus has been whether the retailer has physical assets located within a state or has...