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Nexus Update: Latest Developments in State Income, Franchise, and Sales Taxes

Nexus Update: Latest Developments in State Income, Franchise, and Sales Taxes

Quick Overview
The barriers to doing business across state lines have significantly decreased in recent years. However, this creates additional issues for taxpayers and their preparers in determining where and when they have nexus in a state which would require them to file either state income tax or sales tax returns. This CPE course will not only help equip you in learning the various ways that states define and enforce nexus but also in how to determine when your company or client has nexus in a state, thus requiring the filing of tax returns.

Credits - 7.50
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Price: 169.00
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Author(s)

Pamela J. Davis- Vaughn, MBA, CPA

Field(s) of study

Taxes

Level of difficulty

Intermediate

Topics discussed

Nexus and the US Constitution, Public Law 86-272, Nexus from Property located in a State, Nexus provided by Employees in a State, Nexus without a Physical Presence, Nexus from Third-Party Activities in a State, Determining Nexus, The history of Nexus issues, including court cases and the new "expanded views" that states are taking, Latest developments in internet sales and aggressive law changes in certain states to collect sales tax from this group , Planning opportunities to avoid nexus, Alternatives available once a client has determined that they have nexus in a state

Objectives

Identify activities of taxpayers that create nexus, Analyze a set of facts and circumstances to determine where nexus was incurred and how to apply those facts to other situations, Evaluate the legal analysis involved in determining nexus, Analyze the constitutional provisions (specifically the Commerce Clause and the Due Process Clause) that restrict the state's authority to tax out-of-state taxpayers, Identify some of the US Supreme Court decisions that have shaped the ability of the states to enforce nexus on out of state taxpayers, Determine the types of tax where Public Law 86-272 is not applicable, Identify ways that taxpayers can change their business model to use the protection offered under Public Law 86-272, Indicate the different ways that a taxpayer could have property ina state, Identify the difference in treatment of tangible and intangible property, Identify sales, use, and income tax nexus for the delivery of property in the taxpayer's own vehicles, Analyze services provided by employees that could give their employer nexus in a state, Identify issues from attending trade shows that could give a taxpayer nexus in a state, Recognize the pitfalls of trailing nexus, Identify how taxpayers have income tax nexus in a state based on the activities they perform in the state, Identify the states that give taxpayers nexus based on a brightline of receipts generated in the state, Determine the methods of sourcing receipts for a taxpayer that sells other than tangible personal property, Recognize nexus (including affiliate and click-through nexus) based on the activities of others, Identify sales tax issues for remote sellers, Compare remote seller rules for different states, Analyze other nexus issues such as flash nexus and drop shipments, Determine when owning a partnership interest could give the partner nexus in a state, Recognize the concept of Home Rule states and the Streamlined Sales Tax Project

Designed for

CPAs in public practice who want to expand the scope of services they provide to clients and CPAs in industry who want to understand their exposure to nexus issues