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The Riddles of E-Commerce: Sales and Use Taxes Post-Wayfair - Anything but Simplification

Understand different state economic thresholds and how these thresholds affect your tax liability as an e-commerce business.

Most e-commerce businesses know the Supreme Court decision in Wayfair sanctioned a new economic nexus standard for imposing sales and use tax obligations on out-of-state business. Through generic references to taxing Internet sales and relatively simple economic thresholds applicable to the largest e-commerce business, public commentary conveys the sense that this shift to economic nexus is relatively straight-forward. However, many businesses, especially small- and medium-sized businesses, do not know that the different states have established different thresholds for applying economic nexus. These varying thresholds, often dependent on nuances of state law, can present a formidable trap for the wary and unwary alike. This topic will help e-commerce businesses, and their advisors, understand the different state economic thresholds and how these thresholds affect a business's potential tax liabilities. In addition, this material will help identify when, or if, an e-commerce business should begin collecting and remitting state sales and use taxes.

88 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 36 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

  • Sales and Use Tax - Overview and History
  • Pre-Wayfair Nexus in Two Minutes
  • Wayfair and Economic Nexus

Economic Nexus

  • Economic Thresholds
  • Threshold Time Periods
  • Calculating the Thresholds
  • Responsible Taxpayer

Marketplace - Fundamental Shift in How the Tax Is Imposed

  • Shifting Liability - One Stop Shopping for Revenue Agencies
  • Marketplace Defined
  • Breadth of Marketplaces in a World of Platforms

Special Issues

  • Tribal Taxation
  • Destination and Origin Sourcing
  • Uniformity and the Undue Burden
  • Due Process
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Why Lorman?

Over 36 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, 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 December 8, 2020.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     

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 36 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

Frank Crociata

Frank Crociata

GALLAGHER & KENNEDY

  • Shareholder in the Santa Fe, New Mexico office of GALLAGHER & KENNEDY and is licensed in Arizona and New Mexico
  • Practice focuses on state and local taxation controversies and advice, government affairs, and federal Indian law
  • Represents taxpayers in complex sales and use tax, corporate income tax cases involving constitutional limits on state taxation
  • Through most of his career, he has represented taxpayers; however, upon gubernatorial appointment, also served as New Mexico‚Äôs Tax Policy Director from 2015 through 2017
  • J.D. degree, Order of the Coif and an Associate Editor of the Law Review, University of Colorado, Boulder; B.A. degree, Duke University
  • Can be contacted at 505-989-7348 or [email protected]
Scott Woody

Scott Woody

GALLAGHER & KENNEDY

  • Associate in the Santa Fe, New Mexico office of GALLAGHER & KENNEDY and is licensed in New Mexico
  • Practice focuses on state and local taxation controversies and advice, and governmental and regulatory affairs
  • An active member of the ABA Section of Taxation; and a member of the New Mexico Bar - Taxation Section and the New Mexico Bar - Business Law Section
  • LL.M. degree in taxation, New York University; J.D. degree, cum laude, University of New Mexico; M.A. degree in accounting, University of New Mexico; B.S. degree, New Mexico Institute of Mining and Technology
  • Can be contacted at 505-989-7299 or [email protected]
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Over 36 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: 407855
Published 2020
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