Brian G. Cunningham Law Blog

           CUNNINGHAM & CUNNINGHAM, LLP

NEW YORK STATE SALES TAX E-MAIL UPDATE

September 2011

STRICT LIABILITY RELIEF FOR CERTAIN INDIVIDUALS ASSESSED AS RESPONSIBLE PERSONS ON BEHALF OF A PARTNERSHIP OR LIMITED LIABILITY COMPANY: The Department of Taxation and Finance Does... Read More

        Capital improvement is a term familiar to most contractors.  It is generally understood to mean the sale of construction services exempt from the payment of state and local sales tax.  There is certainly truth to that statement; however, many a contractor and customer has learned that there are exceptions to the exemption.  This Update examines what capital improvement means and what the Department of Taxation and... Read More

            In New York, a capital improvement to real property must satisfy the following three conditions: 1) it must substantially add to the value of the real property, or appreciably prolong its useful life; 2) it must become part of the real property or become permanently affixed such that removal would materially damage the real property or the tangible personal property itself; and 3) it must be intended to become a permanent... Read More