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State Income and Sales Taxation: Understanding Nexus and How to Maintain Compliance

Learn the risks and costs associated with nexus noncompliance.

There have been many significant state tax law changes over the past couple of years, and many businesses continue to struggle with understanding when a state may impose a tax filing obligation. More often than not, many businesses may have been actively engaged in business - selling goods and/or services to customers throughout numerous states - without knowing that such activities may give rise to certain income tax and/or sales tax filing obligations, and that such obligations do not disappear with the passage of time, thereby creating a significant risk of exposure. This topic will help to demystify the rules regarding nexus for both state income and sales taxes and explain the risks of operating out of tax compliance. We will also address the various administrative remedies that may be available to mitigate any such risk from historical tax exposures due to noncompliance, identify the benefits of pursuing voluntary compliance, as well as provide a summary overview of how to avail yourself of these administrative programs offered by most states.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 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

Triggering Nexus: Pre- and Post-Wayfair

  • Understanding Nexus Rules for State Income/Franchise and Sales/Use Taxes
    • Physical Presence vs. Economic Nexus
  • Implications of the Wayfair Ruling
  • Understanding the Risks of Having Nexus in Prior Tax Periods
    • Statute of Limitations Issues
    • Implications for Businesses and Business Owners
    • Civil Penalties
    • Criminal Penalties
  • Recent Trends - Nexus Issues Arising From COVID-19

Administrative Remedies

  • Voluntary Disclosure Programs
    • Multistate Tax Commission (MTC) and/or Individual State Programs
  • Amnesty
    • Difference Between VDA
    • Current Amnesty Programs
  • Managed Audits

Practical Impact to Businesses

  • Businesses Impacted
  • Tax Types Impacted
  • Impact on Financial Reporting
  • Risks of Taking No Action
  • Recommended Action Steps

Practical Approach to Addressing State Tax Compliance Issues

  • Determining Nexus and Filing Obligations - the Continuing Importance of Nexus Studies
  • Understanding Sourcing and Apportionment
  • Determining Taxability of Products and Services (for Sales Taxes)
  • Quantifying Potential State Tax Exposure
  • Mitigation Strategies
  • Prospective Compliance
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Why Lorman?

Over 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 26, 2021.

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

  • AIPB 1.5
     
  • This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. 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.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 89 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • 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 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 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

Christian J. Burgos, Esq.

Christian J. Burgos, Esq.

Friedman LLP

  • State and Local Tax (SALT) Managing Principal with Friedman LLP in New York and California
  • A State and Local Tax professional with over 14 years of experience advising business and individual clients in multistate tax matters, which include, but are not limited to, multistate income/franchise and sales and use tax compliance, nexus analyses, apportionment studies, state tax provisions, restructurings and mergers and acquisitions
  • Has extensive experience representing business and individual clients before multistate taxing authorities in tax examinations and administrative appeals processes
  • Has also advised clients on broad array of federal and state credit and incentives opportunities, with a primary focus on California state credits
  • Presently sits as an adjunct faculty member with California State University, Fullerton, where he teaches state and local taxation as part of the University's Master of Science in Taxation (MST) program
  • Written several articles on topics on state corporate income and franchise taxation for trade periodicals, such as the AICPA's The Tax Advisor
  • Memberships include The State Bar of California (Lic. No. 250741); United States Tax Court (Lic. No. 0725); and member of the Institute of Professionals in Taxation (IPT)
  • J.D. and LL.M. degrees in Taxation, Loyola Law School, Los Angeles; B.A. degree in Political Science, University of California, Los Angeles
  • Can be contacted at 332-216-0760 or [email protected]
Jeremy Katz, Esq.

Jeremy Katz, Esq.

Friedman LLP

  • State and Local Tax (SALT) Senior Associate with Friedman LLP in New York
  • A State and Local Tax professional with over 4 years of experience in a wide range of state and local income/franchise and sales/use tax matters
  • Memberships include The State Bar of New York and New Jersey; and member of the Institute of Professionals in Taxation (IPT)
  • J.D. degree, Villanova University School of Law; M.B.A. degree, Villanova University
  • Can be contacted at 954-804-1023 or [email protected]
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Why Lorman?

Over 34 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: 409099
Published 2021
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