As states expand their taxing jurisdictions and power, it’s vital to advise your company or clients on the delicate issues of nexus. This self-study webinar will enable you to:
- Determine when a company must pay income taxes or collect taxes for a given state
- Understand the Supreme Court’s decision in South Dakota v. Wayfair and its implications, including economic nexus provisions being adopted by states
- Effectively deal with the nexus impact of sales reps, affiliated companies and other factors by which physical presence nexus may be attributed to an out-of-state taxpayer
- Learn about the future trends for nexus standards
- Exploit the dollar advantage of state voluntary disclosure and amnesty programs
To equip tax professionals with methods for analyzing the threshold presence requiring compliance with state tax laws. The self-study webinar provides in-depth coverage of current tax nexus laws and jurisdictions. You’ll also receive practical guidance on nexus questionnaires, license and registration requirements and employee nexus status.
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Cases establishing nexus concepts in sales, use and corporate income taxation
– The Supreme Court’s decision in South Dakota v. Wayfair and its implications
– Distinction between income tax nexus, sales tax nexus and franchise nexus
– Evolving nexus standards, including agency nexus, “click-through” nexus, affiliate nexus, economic nexus and remote seller notice requirements
– Federal nexus legislation and jurisprudence
– Tax immunity under Public Law 86-272
– Advising a client about nexus -
Current state nexus activities
– Nexus implication of state registration requirements
– Nexus questionnaires: when and how to answer
– Nexus and the Internet
– Disclosure programs: benefits and pitfalls
– Recent state nexus decisions
– Multistate Tax Commission position papers -
Nexus implications and planning opportunities for specific industries
– Service industry issues
– Licensing and other software issues
– Telecommunications issues
– Personal and corporate liability for failure to register, pay or collect taxes - Emerging concepts and pending litigation
- Evolving nexus standards and federal legislative efforts
• Identify the states’ typical level of activity in seeking out new sources of revenue
• Identify the overriding limitation on a state’s ability to impose a tax on a business
• Identify the variables within a determination of nexus
• Recognize the type of tax generally requiring the highest level of contact with the state in order to create nexus
• Recognize the role of de minimis levels of activity and the creation of nexus
• Identify federal laws constraining a state’s ability to determine nexus with a business
• Identify the role of PL 86-272 in nexus determination
• Recognize the most recent evolution in nexus/taxing authority via the Wayfair decision
• Identify the statute of limitations regarding a nexus finding against a business that has not filed in a given state
• Recognize the types of employment relationships that can create nexus for a business
• Recognize the types of activities that generally would not meet the “substantial nexus” test
• Identify the federal constitutional clause generally requiring a "minimal connection" between the company and the state in order to allow state taxation
• Recognize the federal constitutional clause generally requiring “substantial presence” of a company within a state in order to allow state taxation
• Identify the post-Wayfair significance of physical presence in determining nexus
• Identify the court case that established the Commerce Clause requiring that the taxpayer have a “physical presence” in a state to meet the substantial nexus test
• Recognize the trend among states regarding determining the existence of nexus prior to the Wayfair decision
• Recognize the role of PL 86-272 in protecting business from state taxation activities
• Identify the types of state taxes that are protected under PL 86-272
• Identify the significance of the Wrigley decision in the context of PL 86-272
• Recognize the activities protected and not protected from state taxing activity under PL 86-272 within the member states of the MTC
• Recognize activities that would create nexus for the Texas Margins Tax
• Identify the characteristics of the Ohio Commercial Activity Tax (CAT)
• Recognize the characteristics of a unitary business as defined in the Butler Brothers case
• Recognize the role of the Mobile Oil case in unitary taxation
• Identify those states which still generally require separate filing
• Identify the common ownership percentage triggering mandatory combined returns for unitary businesses in specified states
• Recognize the lookback period for typical sales tax Voluntary Disclosure Agreements