Gain an understanding of different factors that affect the sales tax treatment of software maintenance agreements.
State tax treatment of computer software issues presents some of the most challenging compliance issues for tax professionals. Adding an even greater degree of difficulty are the more detailed aspects of the digital landscape, such as software warranties and maintenance agreements. The ever-evolving computer services economy results in tax laws racing to catch up. This presentation will provide a broad and deep dive into states' tax software warranties and maintenance agreements and review the current status of threshold issues like nexus and the true object test. Particular focus will be placed on the nature of the warranties and agreements, including whether what is being provided is mandatory or optional. We will also cover attendant issues such as treatment of repair parts and labor, inventory, deductibles, extended warranties, and invoice make-up with a specific look at how several major states tax this area. After this presentation, you will be armed with timely information and compliance strategies for dealing with this complex area of state taxation.
Learning Objectives
- You will be able to identify General State Tax Treatment of Computer Hardware and Software
- You will be able to recognize Broad Issues Surrounding Software Warranties and Maintenance Agreements
- You will be able to differentiate between mandatory and optional warranties and their characteristics
- You will be able to identify Additional Issues regarding labor and parts Arising in Warranties/Maintenance Agreements
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Why Lorman?
Over 37 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
Introduction
General State Tax Treatment of Computer Hardware and Software
- Tangible Personal Property
- Specific Application
- Cloud
General Nexus for Sales and Use Taxes
- Historical
- Wayfair
- Economic Thresholds
Broad Issues Surrounding Software Warranties and Maintenance Agreements
- Nature of Transaction
- Customer Service
- Software and Hardware Updates
Mandatory Software Warranties/Maintenance Agreements
Optional Software Warranties/Maintenance Agreements
Nexus Issues With Software Warranties/Maintenance Agreements
Additional Issues Arising in Warranties/Maintenance Agreements
- Labor
- Parts
- True-Object Test
- Extended Warranties
- Exemptions
Major State Treatment Examples
Compliance Issues and Tips
Questions and Answers
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Why Lorman?
Over 37 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 January 25, 2023.
Call 1-866-352-9540 for further credit information.
- AIPB 2.0
- This program is acceptable for 2.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
CPE/NASBA - QAS Self Study 2.6 including Taxes 2.6
- 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: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 2.6 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Taxes for 2.6 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 37 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
Randy L. Varner
Troutman Pepper Hamilton Sanders LLP
- Practice focuses on state and local tax
- Represents taxpayers across the U.S. in tax planning, compliance, audits, and appeals
- Engineered a payment in lieu of taxes agreement for a hospital network and township resolving a dispute over the Pennsylvania charitable exemption for property taxes
- Obtained a favorable settlement for a large multistate company that brought a P.L. 86-272 challenge to Pennsylvania’s Foreign Franchise Tax
- Reached a favorable settlement in court for a telecommunications company challenging a Pennsylvania Gross Receipts Tax assessment
- Former senior deputy attorney general in the Tax Litigation Section of the Pennsylvania Office of Attorney General
- Frequent speaker and author on state and local tax topics
- Has presented at conferences sponsored by the Institute for Professionals in Taxation, the Council on State Taxation, the Pennsylvania Chamber of Business and Industry, the Tax Executives Institute, the Pennsylvania Bar Institute, the Assessors Association of Pennsylvania, the Pennsylvania State Mayors’ Association, the Maryland Association of CPAs, among others
- J.D. degree, magna cum laude, Penn State Dickinson Law; B.S. degree in secondary education-social studies, Pennsylvania State University
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Why Lorman?
Over 37 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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