03 May 2023

The inaugural installment of Andersen's Sodium Podium column now appears in Tax Notes. As its name suggests, the column focuses on state and local tax (SALT) issues from the perspective of both businesses and individuals.

Each installment is seasoned with the Andersen SALT team's in-depth knowledge of taxation and practical experience serving clients. In the first column, "Does Personal Unity Override Residence-Based Sourcing?," Andersen's Eric Anderson, Michael Vigil, and Vik Kohli observe how the states apply different legal doctrines for purposes of taxing individuals and businesses. The column asks if the unitary business principle – a doctrine that limits the states' authority to tax businesses – should also apply to individual taxpayers that engage in transactions such as selling a business organized as a pass-through entity.

The states are unlikely to change their approach until the U.S. Supreme Court weighs in on the issue, the column states. In the meantime, individuals selling a business organized as a pass-through entity, should consider the potential for varying tax treatment depending on how the transaction is structured, the column concludes.