State & Local Tax

Our State and Local Tax ("SALT") Group provides litigation, planning, transactional, regulatory and legislative services to business taxpayers, associations and individuals on all state and local tax issues and economic development incentives. Our New England-based SALT team assists local and multistate clients with Maine, New Hampshire and Massachusetts tax issues, but also advises multistate businesses on state tax nexus, apportionment, and planning issues with respect to sales and operations in other states.

In addition to the areas of expertise listed below, our SALT attorneys handle a myriad of other issues such as insurance premiums taxes, hospital taxes, tree growth taxes, residency issues for individuals and trusts, and unclaimed property issues.


$40M New Markets Tax Credit Financing

Represented a paper company in a $40 million new markets tax credit financing, which included $40 million of allocation under Maine's new markets program, and $10 million of allocation under the federal new markets program; to date, this is the only transaction to successfully close under Maine's new markets program. 

SUCCESS

Full Abatement for Provider

Obtained full abatement at the administrative appeal level in Maine for telecommunications services provider.

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SUCCESS

Defeated Use Tax Assessments

Represented several aircraft owners in defeating use tax assessments against aircraft.  Succesfully advocated for new sales and use tax exemptions for aircraft and aircraft parts.

SUCCESS

Property Tax Exemption

We achieved a property tax exemption for a valuable oceanfront property, used for charitable and religious purposes, in face of challenge by the Town where the property is located.

SUCCESS

Sales and Use Tax Exemptions

We helped to create and expand various sales and use tax exemptions.

SUCCESS

Sales & Use Tax

We obtained a favorable ruling from Maine Revenue Services on the Maine sales and use tax consequences of a number of hypothetical transactions involving leased equipment in Maine.

Areas of Expertise

Economic Development Incentives

Our SALT team assists companies seeking to locate or expand in Maine, New Hampshire and Massachusetts to take advantage of available economic incentives, and regularly lobbies on behalf of business groups in Maine to maintain or expand incentives, including Business Equipment Tax Exemption benefits, investment tax credits, tax increment financing, employment tax increment financing, Pine Tree Zone benefits.

Income and Franchise Taxes
Our SALT team serves clients with every variety of Massachusetts, Maine and New Hampshire income, business profits and financial institution franchise tax issues from nexus, to tax base, apportionment and credits. In addition to handling controversies at all levels, from audit to state supreme court, our SALT attorneys provide assistance with planning, including entity structure issues.
Property Taxes

Our SALT attorneys provide assistance with both planning and controversy issues arising from real and personal property taxes, including exemption issues for hospitals,  schools, religious organizations and other exempt entities.  We can help obtain tax abatements, business property tax reimbursement or exemption, and have worked successfully to promote client interests before the Maine Legislature. 

Sales and Use Taxes, Other Transactional Taxes
Our SALT attorneys are called upon to assist clients with a full range of sales and use tax issues in Maine and Massachusetts, as well as nexus issues arising in other states as a result of remote sales, activities of affiliates or independent contractors, remote use of servers or programming and other activities. We help clients with issues arising from other transactional taxes in Maine, Massachusetts and New Hampshire, including real estate transfer taxes, meals and lodging taxes, service provider taxes and fuel taxes.
Tax Credit Financing & Syndication

In today’s tight credit market tax credits are often an important piece of financing a project.  Pierce Atwood’s attorneys have experience with tax credit financing and syndication, including new markets tax credits, historic rehabilitation tax credits, low-income housing tax credits, and renewable energy tax credits.  At times, these credits can be combined to reduce the net cost of a project.  For example, a mill renovation may qualify for historic rehabilitation tax credits, new markets tax credits, and even renewable energy tax credits if the project includes a rooftop solar installation.