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Tax Issues for Software and SaaS Manufacturers: Avoiding Compliance Pitfalls, Reporting, Tax Planning, and More

Recording of a 90-minute premium CLE/CPE video webinar with Q&A

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Conducted on Tuesday, December 12, 2023

Recorded event now available

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This CLE/CPE webinar will provide tax counsel and advisers with an overview of the taxation of software and SaaS manufacturers and related transactions under current state and local tax (SALT) law. The panelist will discuss various state tax rules and regulations, sourcing of income rules and challenges, and other vital tax items impacting software and SaaS manufacturers.

Description

How various state and local jurisdictions tax software and SaaS manufacturers relating to a wide array of products and services, and source the receipts from those sales, presents one of the toughest challenges in corporate tax compliance.

Tax treatment of software and SaaS varies widely among state and local jurisdictions. There is a wide array of how these various jurisdictions treat the transactions. Some jurisdictions tax SaaS as tangible personal property and either impose or exempt it from tax, depending on their tax regimes. Other jurisdictions treat SaaS as a service but apply special rules to its taxability.

The different treatments of SaaS present significant challenges for corporate tax advisers. Tax staff must understand a myriad of often conflicting laws, policies, and trends in taxation and sourcing to ensure compliance in a given jurisdiction. Simply put, a transaction in one jurisdiction may be taxable on one or more levels and/or types of tax, while the same transaction may not be subject to taxation in another jurisdiction.

In addition, current tax regulations have significant implications on cross-border transactions, providing that generally the source of income from digital transactions is the place where the transaction occurred, potentially subjecting taxpayers to multijurisdictional tax obligations. This is a critical point of focus for tax counsel and advisers that must be considered for tax planning and reporting compliance.

Listen as Scott Woody, Attorney at Spencer Fane, discusses applicable state and local tax rules and regulations, sourcing of income rules and challenges, and other vital tax items impacting software and SaaS manufacturers and sellers.

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Outline

  1. How various state and local jurisdictions treat SaaS transactions
  2. Sourcing and nexus with SaaS transactions
  3. An overview of state trends, notices, rulings, and pronouncements
  4. Best practices for tax counsel and advisers to ensure tax compliance

Benefits

The panelist will review these and other key issues:

  • Varying approaches on the tax treatment of software and SaaS manufacturers across jurisdictions
  • Sourcing rules and pitfalls to avoid unnecessary tax liability

Faculty

Woody, Scott
Scott Woody
Attorney
Spencer Fane

Mr. Woody focuses his practice on tax planning at the state and local levels, while also handling tax controversies and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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