United States:
Iowa Supreme Court Holds that Out-of-State Franchisors are Subject to Iowa Corporate Income Tax
10 January 2011
Faegre & Benson LLP
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The Iowa Supreme Court handed down its decision in KFC
Corporation vs. Iowa Department of Revenue today, upholding
the state's ability to tax out-of-state franchisors that do not
have a physical presence in the state. The court held that the
State of Iowa has the authority to impose its corporate income tax
on franchisors based solely on the use of their intangibles by
franchisees located in the state. This decision, although not
unexpected, will lead to increased enforcement efforts in Iowa, and
perhaps other states
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