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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Tax

Date & Time
  • event Date

    Thursday, February 16, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    110 minutes

Credit Information

  • BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.

  • BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).

$247.00
CPE
ALL

This course will provide business tax advisers with thorough and up to date guidance on various states' responses to Wayfair. The panel will discuss specific states' responses to Wayfair, including nexus requirements and reporting thresholds.

Faculty

Martin Eisenstein
Managing Partner
Brann & Isaacson

Mr. Eisenstein is one of the nation’s leading experts in state and local taxation of information technology. He has wide experience in state and local tax issues and has represented prominent providers in major litigations, including filing amicus briefs in the United States Supreme Court. He is a regular contributor to State Tax Notes, among other publications, writing on state tax developments. Mr. Eisenstein has been selected consistently by his peers as one of The Best Lawyers in America.

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Jamie E. T. Szal
Partner
Brann & Isaacson

Ms. Szal focuses her practice on assisting businesses in all aspects of state and local tax controversy, from regulatory and administrative proceedings through civil litigation. She came to Brann & Isaacson following several years at the Massachusetts Department of Revenue. As Counsel in both the Litigation Bureau and Office of Appeals, she focused on complex tax issues facing corporations and pass-through entities. She earned her LL.M. in Taxation and Certificate in State and Local Taxation, both with distinction, from Georgetown University Law Center.

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Description

Perhaps the most troubling development in state taxation post-Wayfair is keeping up with each state's response to the Supreme Court decision. Each of the 45 states that have a sales and use tax law as well as the District of Columbia have adopted economic nexus laws. In addition, local jurisdictions in Alaska and home rule municipalities in Colorado have adopted economic nexus laws, further adding to the burden of sales tax collection. Taxpayer nexus in a state is now triggered by no more than a sufficient economic or virtual presence in a state.

Economic thresholds and factor presence tests are increasingly common for sales tax, gross receipts taxes, income taxes, and even franchise tax. The standards limit planning options and increase the complexity and likelihood of tax payment and filing requirements across multiple states. A significant number of states use the economic or factor presence tests, with other states imposing a market-based standard as a means of increasing tax revenues.

Listen as our expert panel provides a practical guide to the current state of nexus standards and key nexus developments in state taxation of nonresident corporate taxpayers and remote business activity.

Outline

  1. Nexus standards and implications for state and local sales taxes
  2. Nexus standards and implications for income taxes
  3. Nexus standards and implications for gross receipts taxes and franchise taxes
  4. Status of challenges to nexus laws
  5. Other nexus developments impacting remote sellers
  6. Planning strategies to minimize state tax risks based on nexus
  7. Special nexus issues regarding services

Benefits

The panel will discuss these and other relevant topics:

  • States and localities that have changed or are contemplating changing nexus standards
  • Current status of state nexus initiatives
  • Multistate planning in light of the shift in nexus standards
  • Other key state nexus developments

NASBA Details

Learning Objectives

After completing this course, you will be able to:

  • Recognize the sales tax nexus formulas in use in various states
  • Define the common income tax methods used by states to determine nexus
  • Identify several states using factor present nexus for specific taxes
  • Determine planning options to reduce taxation risk on sales by states

  • Field of Study: Taxes
  • Level of Knowledge: Intermediate
  • Advance Preparation: None
  • Teaching Method: Seminar/Lecture
  • Delivery Method: Group-Internet (via computer)
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
  • Prerequisite: Three years+ business or public firm experience at mid-level within the organization, dealing with complex multi-state sales and use tax collecting and reporting; supervisory authority over other preparers/accountants. Knowledge of the U.S. Supreme Court's ruling in Quill v. North Dakota, Multi State Tax Commission model nexus standards, and the primary nexus approaches used by most states.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

IRS Approved Provider

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).