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Multistate Taxation of Software Warranties and Maintenance Agreements

Gain an understanding of different factors that affect the sales tax treatment of software maintenance agreements.

The sales tax treatment of software taxation is always changing. Additional complexities arise when trying to determine the tax treatment of software warranty and maintenance agreements. With the enactment of economic nexus statutes across the U.S., determining the correct taxation of warranty and maintenance agreements is more important than ever, as the requirement to collect tax in most states is now based solely upon sales made into the jurisdiction. If a company fails to collect, they may be held liable for tax due on their sales plus penalties and interest. This topic will help you gain a better understanding of the factors that affect the sales tax treatment of software maintenance agreements.

Runtime: 94 minutes
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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

General State Tax Issues With Warranties and Maintenance Agreements

  • Nexus Issues for Mandatory vs. Optional Warranties and Maintenance
  • Physical Products vs. Software
  • Taxability or Exemption Parts and Labor

Complex Issues With Warranties

  • States That Impose True Object Tests
  • Third-Party Warranty Administrators
  • Inventory Withdrawals of Repair Parts

Tax Treatment of Warranties in Various States

  • Texas
  • California
  • Florida
  • New York
  • Massachusetts
  • Illinois
  • Minnesota

Options for Multistate Compliance

  • Documentation
  • What Does Contract Cover?
  • Invoice Presentation
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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

OnDemand Course

This course was last revised on July 28, 2020.

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

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

MP3 Download

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

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More Program Information

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

Joseph Hatfield, CPA

Joseph Hatfield, CPA

BDO USA, LLP

  • Managing director, BDO USA, LLP – Dallas, TX
  • More than 25 years of experience in state and local taxation
  • Specializes in multistate sales tax consulting, audit defense, overpayment review and controversy
  • Contributing author in the spring 2018 issue of Journal of State Taxation
  • Member of the AICPA and Texas Society of CPA’s
  • B.B.A. degree in accounting, Amber University
  • Can be contacted at 214-665-0785 and [email protected]
David McIntyre, CMI

David McIntyre, CMI

BDO USA, LLP

  • Managing director in BDO USA, LLP’s Southwest region sales and use tax practice
  • 14 years of experience in state and local sales and use taxation
  • Primary focus has been in the area of providing multistate sales and use tax audit defense, managed audit, overpayment review and general sales and use tax consulting services to clients in the manufacturing (e.g., chemical, equipment, etc.), downstream, midstream, upstream, and oilfield service industries in Louisiana, Texas, and Wyoming
  • Has assisted clients within the banking, construction, retail and telecommunication industries throughout the Rocky Mountain, Southeast and Southwest Regions
  • Extensive experience assisting clients with sales and use tax merger and acquisition due diligence, contract review, collection and review of exemption and export documentation, taxability memo research and write-up, and negotiating audit settlements or assisting clients through the audit redetermination process
  • Prior to joining BDO, he worked at DuCharme, Mcmillen & Associates, Inc. and PricewaterhouseCoopers in Houston for a combined eight years where he was part of their state and local sales and use tax practices
  • B.B.A. degree, Texas State University – San Marcos
  • Can be contacted at [email protected]
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Product ID: 406729
Published 2020
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