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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

    Tuesday, April 28, 2020

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

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

$247.00

This course is $0 with these passes:

CLE
CPE
ALL

This course will guide tax professionals and advisers on the state tax issues facing remote sellers of taxable goods and services since the U.S. Supreme Court's decision in South Dakota v. Wayfair. The panel features attorneys who represented Wayfair in the case who will discuss the ramifications of the Court's overturning of the physical presence rule, potential expanded tax obligations for multistate businesses, standards under the economic nexus law, sourcing of sales for sales and use tax purposes and critical considerations for companies in light of the Court's decision.

Faculty

Michael T. Dillon
President
Dillon Tax Consulting

Mr. Dillon is an attorney and founder specializing in multistate sales and use tax matters for multistate and multinational businesses. For more than 25 years, as leader of his firm, practice leader for global accounting firms and in-house for two publicly-traded E-commcerce and Technology companies, Mr. Dillon has successfully helped companies identify multistate nexus, negotiate settlements of historical exposure, register and automate sales tax compliance processes, and address risk during M&A activity.  He has successfully represented taxpayers in over 200 sales tax audits, and 500 Voluntry Disclosure Agreements (VDA), often coming in when “all hope is lost” to beneficially resolve the matter.  Mr. Dillon is a member of the State and Local Tax Advisory Board for Strafford Publications. He is highly sought to lecture and author articles on sales tax matters for organizations such as AICPA, Strafford, BNA, CCH and the Center for Professional Education.

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Sylvia F. Dion
Founder & Managing Partner
PrietoDion Consulting Partners, LLC

Ms. Dion's firm specializes in providing SALT consulting and compliance Services to companies throughout the U.S. and in Europe, Canada, Australia and Asia. Her primary focus is advising U.S. and foreign companies on their multi-state nexus, the taxability of their products and services, and managing and mitigating their exposure such as through the Voluntary Disclosure process. Her industry focus is in eCommerce (online retail), Software/Technology and Manufacturing. She is a speaker, writer and avid tax blogger. Her articles on SALT issues and developments have been widely published, she is currently the author of Minding Massachusetts, a State Tax Notes quarterly column and is a contributor to SalesTaxSupport.com where she blogs on “Internet Sales Tax”, “U.S. Sales Tax for Foreign Sellers” and “Massachusetts Sales Tax.”

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Description

On June 21, 2018, the U.S. Supreme Court issued its landmark decision in South Dakota v. Wayfair, overturning Quill Corp. v. North Dakota, which required businesses to have a physical presence in a state to create nexus for sales and use tax purposes. Since this decision, nearly every state has adopted economic nexus thresholds, over which remote sellers of taxable goods and services are obligated to collect and remit sales tax, despite lacking a physical presence in the state.

In eliminating the physical presence rule, but not establishing a specific standard for substantial nexus, the Court explained that the Commerce Clause doctrine applies to address taxpayer concerns regarding undue burdens under state tax laws. Since the Court did not address retroactivity and other related challenges, states are enforcing existing laws and adopting new economic nexus provisions with varying thresholds to increase tax revenue. State and local governments are also expanding their definition of physical presence and their economic nexus thresholds to other state taxes.

Tax professionals and advisers must be aware of the myriad challenges facing multistate businesses and methods available to minimize state tax liability. There is also a possible spillover effect of the decision on other state taxes.

Listen as our panel, counsel for Wayfair, provides an analysis of economic nexus in various states and offers critical tax planning considerations for remote sellers of taxable goods and services.

Outline

  1. Detailed analysis of South Dakota's economic nexus law and other states' laws
  2. Impact on various sellers of products and services, including providers of IT products and services
  3. The Wayfair decision's implications for other state taxes, including gross receipts taxes and income taxes
  4. Considerations and planning strategies to minimize state tax risks

Benefits

The panel will review these and other relevant topics:

  • State economic nexus regulations and legislation after Wayfair
  • Impact on remote sellers of goods and services
  • Complexity created due to non-uniform approaches and definitions amongst the states
  • Wayfair decision effect on other state taxes
  • Key tax planning considerations to minimize state tax liability

NASBA Details

 

Learning Objectives:

After completing this course, you will be able to:

  • Determine state economic nexus regulations and legislation after Wayfair
  • Recognize the impact of Wayfair on remote sellers of goods and services--and on other state taxes
  • Identify tax planning considerations to minimize state tax liability

  • 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 and South Dakota v. Wayfair, 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.