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Live Webinar

100-minute live streaming program
  • July 21
  • 1:00 - 2:40 pm EST

Nexus: The Costs of Noncompliance

July 21

Learn the risks and costs associated with nexus noncompliance.

A threshold issue for any corporation operating in more than one state is determining the states in which it must file returns and pay taxes. A state has jurisdiction to tax a corporation organized in another state only if the out-of-state corporation’s contacts with the state are sufficient to create nexus.

In National Bellas Hess, Inc. v. Department of Revenue [386 U.S. 753 (1967)], the Supreme Court established the principle that an in-state physical presence is an essential prerequisite to constitutional nexus, at least for sales tax purpose. In Quill Corp. v. North Dakota [504 U.S. 298 (1992)], the Supreme Court reaffirmed the physical presence requirement. In the years following the Supreme Court’s decision in Quill, the precise meaning of constitutional nexus in the income tax arena remained a grey area of the law, and numerous states enacted statutes establishing an economic nexus standard for income taxes.

Given the dramatic growth of e-commerce during the decades since the Supreme Court’s 1992 decision in Quill, it was only a matter of time before the physical presence test for substantial nexus succumbed to the realities of the modern marketplace. In South Dakota v. Wayfair, Inc. [585 U.S. (2018)], the Supreme Court overturned its precedent in Quill and ruled that a state can require an out-of-state seller to collect sales taxes on sales to in-state customers even if that seller does not have a physical presence in the state. The Supreme Court’s repudiation in Wayfair of the prior physical presence standard opens the door for the states to more aggressively use the concept of economic nexus to tax the income of out-of-state corporations.

Learning Objectives

  • You will be able to define nexus.
  • You will be able to review the South Dakota v. Wayfair Case.
  • You will be able to discuss the cost of not being in compliance.
  • You will be able to describe state voluntary disclosure programs.

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Why Lorman?

Over 33 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

Learn the Difference Between Nexus for:
  • Net Income Tax States (Public Law 86-272 Is It Still Alive and Well)
  • Non-Net Income Tax States
  • Factor-Based Nexus Standards
  • Economic-Based Nexus Standards
South Dakota v. Wayfair Case
  • How or Will This Decision Affect More Than Just Sales Tax Nexus?
  • What Does Economic Nexus Mean? Does Physical Presence Still Matter?
  • Do We Need to Begin Filing in the 45 States That Have a Sales Taxing System?
  • Does This Case Relate to Internet Sellers Only?
The Cost of Not Being in Compliance: What Can a Business Owner Do?
State Voluntary Disclosure Programs
  • What Is a State Voluntary Disclosure Program?
  • The Benefits of Voluntary Disclosure
  • The Mechanics of Voluntary Disclosure
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Why Lorman?

Over 33 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

Live Webinar Registration

  • AIPB 2.0
     
  • This program is acceptable for 2.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
     
  • NJ CLE 2.0
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 2.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 2.0 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WI CLE 2.0
     
  • This program has been approved by the Board of Bar Examiners for 2.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 2.0
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 2.0 MCLE hours.
     
  • CPE 2.0 including Taxes 2
     
  • Lorman Education Services 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 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: 2.0 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Taxes for 2.0 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure 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. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, LLC. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Taxation for 2.0 hours.
     

Who should attend?

This live webinar is designed for accountants, CPAs, controllers, attorneys, CFOs, tax managers, presidents, vice presidents, finance directors, bookkeepers, business owners and managers, and tax preparers.

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Why Lorman?

Over 33 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

Inez M. Mello, M.B.A.

Inez M. Mello, M.B.A.

Stowe & Degon LLC

  • Director, state and local taxes for Stowe & Degon LLC
  • Over 35 years of state and local tax experience; a seasoned tax professional, her areas of expertise include all facets of multistate and local tax planning and compliance
  • Wide breadth of state and local tax knowledge is reflected in the numerous seminars and education symposiums that she leads for associations including The Boston Tax Institute, Lorman Education Services and the Massachusetts Society of CPA’s
  • Chair of the Massachusetts Society of CPA’s State Taxation Committee and has served on CCH’s National State Tax Advisory Board and the Governing Board of the Streamlined Sales Tax Project
  • Has continued her scholastic pursuits, serving as an adjunct professor for Bryant University; she is Bryant University’s graduate multistate tax professor and received the 2016 and 2019 Graduate School of Business Award for Outstanding MST Faculty
  • Extremely well-known throughout the business community and was recognized by the U.S. Small Business Administration as the Rhode Island Women in Business Champion of the Year in 2007
  • Prior to becoming a multistate tax consultant, she has served in various director roles for several CPA firms throughout New England; in this capacity, she helped establish and grow their state and local tax practices as well as oversaw all multistate and local tax issues
  • Professional affiliations include chair of the Massachusetts Society of CPA’s State Taxation Committee; Institute of Managerial Accountants – Providence, RI Chapter past president; Rhode Island Accounting Association of Professors (RIAAP)
  • M.B.A. degree in taxation and B.S. degree in accounting, Bryant University
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Why Lorman?

Over 33 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: 407455
Published 2020
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