Current Trends in State Income Tax: PTE Elections, Revenue Sourcing, PL 86-272, SaaS, NFTs, and Cryptocurrency
Note: CLE credit is not offered on this program
Recording of a 110-minute CPE webinar with Q&A
This webinar will provide a brief introduction to trends in state and local taxation. Our panel of SALT experts will review the latest changes made by states to the landscape of taxation, including states' interpretations of Public Law 86-272, changes to revenue sourcing, and recently added pass-through entity tax elections passed by most states. They will also address the move by states to tax SaaS, marketplace facilitators, and emerging technologies.
Outline
- Changing state tax landscape
- Impact of Wayfair on nexus and new state tax laws
- Trends in sales and use tax
- Economic nexus
- Taxability of Software as a Service (SaaS)
- Taxability of emerging technologies
- Marketplace facilitator laws
- Trends in state income tax
- Public Law 86-272
- Migration to single sales factor
- Revenue sourcing: market-based and cost of performance
- Texas sourcing update
- New pass-through entity tax elections
Benefits
The panel will cover these and other critical issues:
- Varying interpretations of market-based sourcing provisions by state
- Why a state-by-state analysis is needed to properly source revenue
- A review of sales and use tax thresholds by state
- How states are taxing emerging technologies like NFTs and cryptocurrency
- How certain states interpret PL 86-272
- Specific state responses to the SALT deduction cap and their PTE election requirements
Faculty

Alex Thacher
Partner
Armanino
Mr. Thacher leads the firm’s SALT practice, primarily focused on state and local tax consulting, as well as... | Read More
Mr. Thacher leads the firm’s SALT practice, primarily focused on state and local tax consulting, as well as planning and controversy. He spent 17 years with Big 4 accounting firms, building a deep technical background in income and franchise tax, sales/use tax, local taxes, and credits and incentives.
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Brandee A. Tilman, JD, LLM
Partner, State & Local Tax
Armanino
Ms. Tilman is Armanino’s National State & Local Income Tax practice leader. She brings over 20 years of... | Read More
Ms. Tilman is Armanino’s National State & Local Income Tax practice leader. She brings over 20 years of experience in multistate corporate income tax, controversy, audit representation, settlement negotiations, planning, reorganizations, mergers, acquisitions, compliance and tax provisions. Ms. Tilman also has experience helping clients with personal income tax matters, including state residency planning and income sourcing. She helps clients obtain private letter rulings, handle voluntary disclosure agreements and negotiate alternative apportionment relief. Ms. Tilman serves clients in various industries, with a particular focus on entertainment and consumer products.
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Heather M. Le Clair, JD, LLM
Managing Director, Tax
Armanino
Ms. Le Clair is a managing director in the Armanino National State and Local Tax practice and co-Lead of the National... | Read More
Ms. Le Clair is a managing director in the Armanino National State and Local Tax practice and co-Lead of the National Sales and Use Tax Practice. She is located in the New York office. Ms. Le Clair has 19 years of indirect tax experience with a concentration is sales and use tax and New York City Commercial Rent Tax. Her areas of focus include navigating client controversy planning and audit defense, tax minimization planning, lookback reviews, nexus footprint studies, general consulting, compliance support, and process improvement process. Prior to joining Armanino, Ms. Le Clair was a senior manager at Ernst and Young LLP serving clients in the fintech and financial services sector. She is a graduate of the Boston University School of Law with an LLM in taxation and Capital University Law School with a JD.
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