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Post-Wayfair: Economic Nexus Standards in State Taxation

Understand emerging trends in this area and why merely having customers in states with new economic nexus statutes could subject you to new business tax liabilities.

Do you or your clients sell online? Then it is imperative that you understand new business tax liabilities in terms of nexus. A state's ability to impose taxes on a multistate business has historically been limited by nexus standards rooted in the U.S. Constitution. In 2018, the U.S. Supreme Court, in South Dakota v. Wayfair, overturned its long-standing rule in Quill Corp. v. North Dakota, that nexus, for state use tax collection purposes, requires some form of physical presence in the taxing state. In today's economy, states are continuing to push nexus limits farther than ever before and are now clearly reaching beyond traditional notions of nexus by relying on economic connections to create nexus. Is merely having customers in a state or generating income from a state enough to create tax obligations? Explore the concept of economic nexus and update of recent judicial and legislative developments. Understand emerging trends in this area and why merely having customers in states with new economic nexus statutes could subject you to new business tax liabilities. Learn how to handle nexus inquiries and which states to look out for in terms of nexus planning. This is a must for any business that sells to or generates receipts from customers in states where they otherwise have no other connections.

Learning Objectives

  • You will be able to recognize the impact of the Quill case.
  • You will be able to identify the four prongs in the Four Prong Test.
  • You will be able to differentiate between various nexus.
  • You will be able to recognize the impact of the South Dakota v Wayfair case.

Runtime: 106 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • Due Process and Commerce Clause Nexus - the General Rule
  • U.S. Supreme Court Authority - What Is Substantial Nexus?
  • Impact of South Dakota v. Wayfair
  • Impact of Elimination of Quill's Physical Presence Test
  • Different Standard Based on Type of Tax? (Sales Tax, Franchise Tax, Gross Receipts Taxes, Income-Based Taxes)
  • P.L. 86-272 Imposes Additional Restrictions in Addition to Commerce Clause Issue
  • Does Merely Having Customers in a State or Generating Income From a State Create Tax Nexus?
  • Impact of Wayfair on International Transactions

Discussion of Recent and Pending Cases Impacting Out-Of-State Vendors

Case Law Update - Commerce Clause

  • Nexus Litigation in U.S. Supreme Court
  • Nexus Litigation in the State Courts
  • Intangible Holding Company Cases
  • Credit Card Cases
  • Economic Substance and Business Purpose Cases

Case Law Update - Due Process Clause, Scioto and Conagra Cases

Legislative Update - Post-Wayfair State Tax Economic Nexus Legislation

  • What (and Where) Is Economic Nexus?
  • The Pairing of Economic Nexus and Gross Receipts
  • Relevance of Click-Through Nexus Statutes
  • Market Place Providers - Reporting Obligations
  • Overview of Cloud Computing Issues
  • Multistate Tax Commission - Factor Nexus Proposals
  • Federal Legislative Efforts - Business Activity Tax Simplification Act and Market Place Fairness Act

Nexus Enforcement Activity - How Does Nexus Affect Your Business Model?

  • Multistate Businesses and Internet Marketing
  • Financial Institutions and Credit Card Companies
  • Intangible Licensing Activities
  • Gift Card Income, Other Special Purpose Entities
  • International Transactions
  • How to Handle Nexus Assertions
  • Voluntary Disclosure Programs
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on June 5, 2019.

Call 1-866-352-9540 for further credit information.

  • CPE/NASBA - QAS Self Study 2.5 including Taxes 2.5
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a QAS Self Study 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 credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 2.5 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Taxes for 2.5 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: QAS Self Study. Please refer to the information in this advertisement for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
     
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John P. Barrie

John P. Barrie

Bryan Cave Leighton Paisner LLP

  • Partner in the Washington and New York offices of Bryan Cave Leighton Paisner LLP
  • Practice focuses solely in the areas of federal and state tax controversy and transactional matters
  • Regularly represents taxpayers before IRS Appeals Offices and the United States Tax Court
  • Transactional practice includes providing tax advice to public and private businesses in taxable and tax-free mergers, acquisitions, reorganizations, spinoffs, divestitures and restructurings
  • Former attorney-advisor, Judge Leon Irwin, United State Tax Court
  • Adjunct professor in the graduate tax program at Georgetown University Law Center, where he has taught courses in reorganizations and corporate tax planning and at New York Law School where he has taught courses in corporate tax planning, s-corporations and tax court litigation
  • Fellow of the American College of Tax Counsel
  • Listed in Best Lawyers of America and Super Lawyers
  • J.D. degree, University of California-Hastings; LL.M. degree in tax, New York University; B.A. degree, University of California-Los Angeles
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406347
Published 2019
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