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News Briefs

By ALM Staff | Law Journal Newsletters |
June 30, 2010

Franchisor Tax Nexus Case Reaches Iowa Supreme Court

In a case with potentially significant implications for taxation of franchisors, the Iowa Supreme Court heard oral arguments on May 20 in KFC Corporation v. Iowa Department of Revenue. “A victory by the state would represent an extension of [Geoffrey v. South Carolina Tax Commission, 313 S.C. 15 (1993), and other similar] cases because KFC Corp. involves licensing agreements between unrelated parties,” said Bruce Ackerman, of counsel, Faegre & Benson LLP (Minneapolis), who is not involved in the litigation. “The KFC case could result in a landmark decision for states attempting to impose income tax on out-of-state franchisors and other similarly situated taxpayers. This would be the first contemporary case to reach a state supreme court and directly address the franchisor-franchisee relationship.”

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